Jerome Realty Co. v. Yankovich

Defendant tenant moves pursuant to rule 113 of the Rules of Civil Practice, for summary judgment and plaintiff makes a cross motion for the same relief. The action is one for a permanent injunction for damages and for attorneys’ fees. It appears to be a case of first impression.

We are asked to take a second look at the ancient feud between landlords and dogs and to say whether the drastic remedy of injunction is available against a recalcitrant tenant who, in two different paragraphs of a written lease, agreed that no dogs, cats or other animals shall be kept or harbored in the demised…