Legal Opinion

Landmark Properties v. Olivo

Appellate Terms of the Supreme Court of New York

Decided July 6, 2004PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Final judgment unanimously affirmed without costs.

In this holdover summary proceeding, landlord and tenants originally proceeded upon a stipulation of agreed facts, including that tenants had harbored, and continued to harbor, a dog; that this was in violation of the lease; that tenants had had the dog for approximately six years; and that “[t]he only issues involved herein are whether as a matter of law the harboring of a dog as prohibited by the lease agreement is a violation of a substantial obligation of the tenancy so as to entitle the petitioner to recover…

2Cases cited5 opinions

  1. Dice v. Inwood Hills CondominiumAppellate Division of the Supreme Court of the State of New York · 1997
  2. Crossroads Apartments Associates v. LeBooRochester City Court · 1991
  3. One Overlook Avenue Corp. v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2004
  4. Ocean Gate Associates Starrett Systems, Inc. v. DopicoCivil Court of the City of New York · 1981
  5. Paulsen Real Estate Corp. v. GrammickAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. Sinisgallo v. Town of Islip Housing AuthorityDistrict Court, E.D. New York · 2012
  2. Lucas v. Riverside Park Condominiums Unit Owners Ass'nNorth Dakota Supreme Court · 2009
  3. Landmark Properties v. OlivoAppellate Terms of the Supreme Court of New York · 2005
  4. Guenther v. Walnut Grove Hillside Condo. Regime No. 3Nebraska Supreme Court · 2021

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