Brown v. Johnson

OPINION OF THE COURT

Lewis R. Friedman, J.

Petitioner moves for summary judgment or, in the alternative, for dismissal of the affirmative defenses and counterclaim; respondent cross-moves for summary judgment. This proceeding is a holdover based on respondent’s alleged harboring a pet in violation of the lease.

The parties have been in constant dispute over the "no pet” provision of respondent’s lease. The most recent litigation was settled by stipulation in March 1985. In that stipulation landlord consented to tenant’s keeping a pet in the apartment. "The landlord’s consent and permission to…