DeFeo v. Carmody

OPINION OF THE COURT

Colleen D. Duffy, J.

Petitioner commenced a holdover proceeding seeking possession of respondents’ premises at 485 Gramatan Avenue, apartment 5D, Mount Vernon, New York, based on allegations that *409respondents had added a new dog to their household in violation of the lease term prohibiting pets. Respondents contend that petitioner has waived the “no pet clause” of their lease and therefore they are entitled to retain the new pet and possession of the premises.

A nonjury trial was held on March 4, 1999. After receiving evidence and hearing testimony, the court finds as follows: