East River Housing Corp. v. Matonis

The “occupancy agreement” between plaintiff co-operative and defendant occupant provides: “No animals of any kind shall be kept or harbored in the demised premises.” (Rules and Regulations, par. 16.)

Plaintiff co-operative brings this suit in equity to enjoin defendant from continuing in possession of a small dog, alleging that it has no adequate remedy at law, and planting itself upon Knolls Co-op. Section No. II v. Cashman (N. Y. L. J., March 5, 1963, p. 17, col. 3 [per Korn, J., Sup. Ct., Bronx County], affd. 19 A D 2d 789 [1st Dept., 1963], affd. 14 N Y 2d 579 [1964]).

Defendant admits…