Tenant Must Walk Dog Outside with Leash and Muzzle

Landlord sued to evict tenant for keeping a dog and cat in his apartment in violation of his lease. Landlord and tenant signed a settlement agreement in court. Landlord agreed that tenant could keep his pets if tenant walked the dog off-premises with a leash and muzzle and cleaned up after the dog. A few months later, tenant asked the court to vacate the agreement. The court ruled for tenant. Landlord appealed and won. Tenant didn't prove that there was any fraud, mutual mistake, or other reason for voiding the settlement agreement. The agreement wasn't one-sided. Landlord gave up the right to pursue its claim that tenant violated the clear no-pets provision in his lease. It also didn't matter that the agreement contained no time limit. The agreement reflected the parties' clear intent that it would continue as long as tenant had the pets identified in the agreement. The case was sent back to the trial court to determine whether tenant had complied with the agreement.

615 Pelham Realty, Inc. v. Herring: 42 Misc.3d 135(A), 2014 NY Slip Op 50073(U) (App. T. 1 Dept.; 1/28/14; Shulman, JP, Schoenfeld, Hunter Jr. JJ)