Tenant Must Remove Dogs or Face Eviction

(Decision submitted by Sherwin Belkin of the Manhattan law firm of Belkin, Burden, Wenig & Goldman, LLP, attorneys for the landlord.) Landlord sued to evict tenant for violating a substantial obligation of his tenancy, based on the behavior of tenant's two dogs. The court ruled that landlord could get a final judgment of possession, but gave tenant 10 days to correct the violation and avoid eviction. The court order didn't specifically state that tenant must remove the dogs. During those 10 days, tenant controlled the dogs and no incidents were reported. Three months later, tenant asked the court to vacate the judgment in landlord's favor. The court ruled for tenant, and landlord appealed. Landlord presented proof at the post-judgment hearing that tenant still couldn't control his dogs and that the dogs behaved aggressively in the public areas of the building and disturbed other tenants. The court gave tenant a final chance to get rid of the dogs or face eviction.

Riveredge Apts. Inc. v. LeVay: NYLJ, p. 21, col. 5 (9/22/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)