Legal Opinion
Parkside Development Co. v. McGee
Appellate Terms of the Supreme Court of New York
Decided December 17, 1959PublishedCited by 9 opinions
1Per curiam
Since the occupancy agreement between the co-operative housing corporation and tenant created a landlord and tenant relationship, the landlord was required to prove a substantial violation in order to obtain a final order of eviction against tenant. The mere keeping of a dog in an apartment in contravention of the terms of a lease is not a breach of a substantial obligation of the tenancy (Hardav Realty Corp. v. Donahue, 8 Misc 2d 951; Smith Real Estate v. Byrne, 3 Misc 2d 559). There is no claim or proof here that the parties agreed that the violation in the lease at issue was to be…
2Cases cited3 opinions
- American Lumber Co. v. Employers Mutual Fire InsuranceNew York Supreme Court · 1956
- L. H. Estates Co. v. BartholomewAppellate Terms of the Supreme Court of New York · 1957
- Hardav Realty Corp. v. DonahueCity of New York Municipal Court · 1957
3Cited by9 opinions
- Madison 52nd Corp. v. OgustCivil Court of the City of New York · 1966
- Jerome Realty Co. v. YankovichAppellate Terms of the Supreme Court of New York · 1962
- Jefferson Associates v. MillerCivil Court of the City of New York · 1970
- Mutual ReDevelopment Houses, Inc. v. HanftCivil Court of the City of New York · 1964
- Fanchild Investors, Inc. v. CohenCivil Court of the City of New York · 1964
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