Gidina Partners LLC v. Marco

*22OPINION OF THE COURT

Final judgment entered on or about May 19, 2004 reversed, with $30 costs, and matter remanded for further proceedings consistent with this decision.

Even when viewed in the light most favorable to the tenants, the trial evidence fails to establish that landlord waived its right to enforce the “no-pets” provision of the governing lease agreement (see Administrative Code of City of NY § 27-2009.1 [b]). While tenant Marco testified that he “never hid” his dog— described in the record as a “quiet,” 19-pound Schnauzer — he offered scant evidence on the critical “open and…