Tenant Removed Dog

May 31, 1994

LVT Number: 8824

Landlord sued to evict tenant for problems created by her dogs. The trial court ruled for landlord. But, by stipulation, tenant was allowed to keep one dog if that dog didn't cause problems. Excessive barking and a foul odor continued to come from the apartment in violation of the stipulation; landlord asked the court to execute the eviction warrant. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had lived in the apartment for 32 years and had now gotten rid of the remaining dog.

Landlord sued to evict tenant for problems created by her dogs. The trial court ruled for landlord. But, by stipulation, tenant was allowed to keep one dog if that dog didn't cause problems. Excessive barking and a foul odor continued to come from the apartment in violation of the stipulation; landlord asked the court to execute the eviction warrant. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had lived in the apartment for 32 years and had now gotten rid of the remaining dog.

Kiaer and Ratner v. Sawyer: NYLJ, p. 25, col. 5 (5/25/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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