Olympic Tower Condominium v. Cocoziello

—Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered December 3, 2002, which granted plaintiff’s motion for a preliminary injunction enjoining defendants from housing dogs in their apartment, and denied defendants’ cross motion to dismiss the complaint, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the injunction denied, and the matter remanded for further proceedings.

Plaintiff-respondent is the Board of Managers of a condominium complex, and defendants-appellants are lessees of an apartment in the building. In this…