Dog Present Only Sporadically

November 1, 1997

LVT Number: 11878

Landlord sued to evict tenant for keeping a dog in his apartment in violation of his lease. The court ruled against landlord and dismissed the case. Landlord appealed. The appeals court again ruled against landlord. Tenant's lease permitted him to keep one pug-type dog. Landlord claimed tenant was seen entering and leaving the building with another dog not permitted under his lease. Landlord's ''dog log,'' kept by building staff, showed this dog was seen between three and 19 times per month over an eight-month period.

Landlord sued to evict tenant for keeping a dog in his apartment in violation of his lease. The court ruled against landlord and dismissed the case. Landlord appealed. The appeals court again ruled against landlord. Tenant's lease permitted him to keep one pug-type dog. Landlord claimed tenant was seen entering and leaving the building with another dog not permitted under his lease. Landlord's ''dog log,'' kept by building staff, showed this dog was seen between three and 19 times per month over an eight-month period. The infrequent and sporadic presence of this dog was insufficient proof that tenant was keeping a second dog on a permanent basis.

90th Realty Co. v. Winbush: NYLJ, p. 28, col. 4 (10/22/97) (App. T. 1 Dept.; McCooe, PJ, Freedman, Davis, JJ)

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