Did Landlord Wait Too Long to Object to Tenant's Dog?

Landlord sued to evict tenant after discovering that tenant kept a dog in his apartment in violation of tenant's lease. Landlord and tenant signed a probationary settlement agreement. Tenant agreed that he would keep no dog in the apartment for a year and that, if he kept this agreement, the eviction case would be dropped. Landlord later claimed that tenant violated the agreement. Tenant, by that time, had gotten an attorney, who asked the court to vacate the settlement agreement. Tenant claimed that he had kept the dog in the apartment openly before landlord sought eviction and therefore landlord had waived any right to object to the dog. The court ruled for tenant, finding that the case should be decided on the merits. But the court didn't grant tenant's further request to dismiss the case. A trial was needed to determine the facts. 

Morris I LLC v. Baez: 62 Misc.3d 1227(A), 2019 NY Slip Op 50266(U) (Civ. Ct. NY; 3/8/19; Bacdayan, J)