3720 Homes, Inc. v. Hyman

OPINION OF THE COURT

Orders dated November 7, 2008 and February 11, 2009, to the extent appealable, affirmed, with $10 costs. Appeal from that portion of the order dated February 11, 2009 denying tenants’ motion for reargument, dismissed, without costs, as taken from a nonappealable order.

We agree that this holdover eviction proceeding, based upon allegations that tenants violated house rules and their proprietary lease by having “kept or harbored” a dog in the demised cooperative apartment premises, is not susceptible to summary dismissal. In a moving affidavit submitted on their initial…