Seward Park Housing Corp. v. Cohen

OPINION OF THE COURT

Order and final judgment dated June 19, 1998 reversed, with $30 costs, and a final judgment of possession is granted in favor of landlord on the holdover petition.

It is undisputed that tenants, in violation of an express condition of their lease, harbored a dog in the apartment premises without landlord’s permission. Civil Court dismissed the holdover petition upon its finding that the lease restriction was waived because landlord failed to commence summary proceedings within three months from the time it learned that tenants were openly and notoriously harboring the dog…