184 West 10th Street Corp. v. Marvits

McCooe, J. (dissenting).

I respectfully dissent and accept the tenant’s testimony in its entirety. Nevertheless, I disagree that the tenant has sustained her burden of proof that the cats were displayed “openly and notoriously” and that the landlords, past or present, had knowledge that she was harboring cats. I disagree that if the independent contractor or its employees had knowledge that it would be imputed to the landlord. I agree *56that if the landlord’s agents or employees had knowledge it would be imputed to the landlord.

Administrative Code of City of New York § 27-2009.1 (b) provides in…