East 145 Co. v. Benayoun

*165OPINION OF THE COURT

Tenants concede that they harbored a dog in violation of the “no pets” lease provision and that this holdover proceeding was timely commenced under Administrative Code of the City of New York § 27-2009.1. We discern no factual issue as to the remaining defense of retaliatory eviction which would preclude summary judgment on the petition. There is no allegation of any prior complaint made to governmental authorities concerning conditions within the apartment or any record evidence of building code violations (Real Property Law § 223-b). The mere settlement of a negligence…