3720 Homes, Inc. v. Hyman

McKeon, PJ.

(dissenting). Contrary to the view of the majority and the housing court, I do not believe that there are factual issues warranting a trial and would award summary judgment to the Hymans (tenants) since they have established by documentary evidence and affidavits that the subject premises is a pet friendly building, and that the dog which tenants are alleged to be harboring, named Rocky, actually resides with and is owned by their daughter Julie Hyman.* While landlord essentially concedes that Rocky is a visitor, it asserts that the frequency and regularity of his visits violates…