184 West 10th Street Corp. v. Marvits

OPINION OF THE COURT

Order dated April 13, 2006, reversed, with $10 costs, motion denied and verdict reinstated. The Clerk is directed to enter a final judgment in favor of tenant dismissing the petition.

This holdover summary proceeding, based upon allegations that the elderly rent-controlled tenant was harboring two cats in violation of the “no pet” rider to her 1964 lease agreement, was commenced in February 2005 and was tried to completion over two court days in April 2005. The focus of the trial was on tenant’s affirmative defense that landlord waived the lease violation by failing to…