Eviction Case Not Started on Time

LVT Number: 15640

Landlord sued to evict tenant for keeping a dog, in violation of his lease. The court ruled against landlord because it didn't start the case within three months of when landlord learned tenant had the dog. Landlord appealed and lost. The building's managing agent learned about the dog on or about Nov. 13, 2000. The pet law waiver provisions are strictly enforced. Landlord didn't show that it sent the court papers by Feb. 13, 2001, and the first court date wasn't until Feb. 28, 2001.

Landlord sued to evict tenant for keeping a dog, in violation of his lease. The court ruled against landlord because it didn't start the case within three months of when landlord learned tenant had the dog. Landlord appealed and lost. The building's managing agent learned about the dog on or about Nov. 13, 2000. The pet law waiver provisions are strictly enforced. Landlord didn't show that it sent the court papers by Feb. 13, 2001, and the first court date wasn't until Feb. 28, 2001.

930 Fifth Corp. v. Miller: NYLJ, 2/11/02, p. 20, col. 5 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)