Trial Required on Whether Landlord Started Case on Time

July 31, 2003

LVT Number: 16737

Landlord sued to evict condominium tenant for keeping a dog, in violation of the building's bylaws and regulations. Tenant claimed that landlord knew about the dog for more than three months before starting the eviction case. If so, then by law, landlord had waived its right to bring the court case. Tenant asked the court to dismiss the case without a trial based on his documentary proof. Landlord claimed that it took action immediately once it discovered the dog. The court ruled against tenant. Tenant and landlord each presented proof supporting their claims.

Landlord sued to evict condominium tenant for keeping a dog, in violation of the building's bylaws and regulations. Tenant claimed that landlord knew about the dog for more than three months before starting the eviction case. If so, then by law, landlord had waived its right to bring the court case. Tenant asked the court to dismiss the case without a trial based on his documentary proof. Landlord claimed that it took action immediately once it discovered the dog. The court ruled against tenant. Tenant and landlord each presented proof supporting their claims. A trial was needed to determine the facts.

Kips Bay Towers Condominium v. Megibow: NYLJ, 7/16/03, p. 19, col. 6 (Sup. Ct. NY; Diamond, J)

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