Legal Opinion

Toledo Mutual Housing Corp. v. Schwartz

Appellate Terms of the Supreme Court of New York

Decided October 14, 2011PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

In this holdover proceeding predicated on a claim that tenant Norma Schwartz and undertenant Marc Schwartz (hereinafter tenants) had violated their proprietary lease by harboring a dog without landlord cooperative corporation’s consent, tenants moved to dismiss the petition and for an award of attorney’s fees, asserting that they had harbored the dog openly and notoriously for more than three months and were thus protected under the New York City Pet Law (Administrative Code of City of NY § 27-2009.1). In opposition, landlord asserted that it had forborne from…

2Cases cited5 opinions

  1. Duell v. CondonNew York Court of Appeals · 1995
  2. Seward Park Housing Corp. v. CohenAppellate Division of the Supreme Court of the State of New York · 2001
  3. Stepping Stones Associates v. SeymourAppellate Division of the Supreme Court of the State of New York · 2008
  4. Beach Haven Apartments No. 1 Inc. v. Marc CheseboroughAppellate Terms of the Supreme Court of New York · 2003
  5. H.M. Village Realty v. CaccavaleAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by3 opinions

  1. Gold Queens, LLC v. CohenAppellate Terms of the Supreme Court of New York · 2013
  2. Bray Realty, LLC v. PilajAppellate Terms of the Supreme Court of New York · 2016
  3. RPDG, LLC v. KuravskyAppellate Terms of the Supreme Court of New York · 2016

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