Landlord Didn't Give Up Right to Object to Pet

LVT Number: 10484

Landlord sued to evict tenant for harboring a pet in violation of her lease. Landlord and tenant stipulated that tenant would remove the pet from the apartment. But tenant didn't comply and appealed the court's ruling. Tenant claimed landlord waited too long and therefore waived any right to object to the pet. The appeals court ruled against tenant. Tenant tried to delay removal of the pet by entering into the stipulation. Tenant had also signed a similar stipulation in a prior case brought by landlord. Landlord had persistently sought to have tenant remove the pet.

Landlord sued to evict tenant for harboring a pet in violation of her lease. Landlord and tenant stipulated that tenant would remove the pet from the apartment. But tenant didn't comply and appealed the court's ruling. Tenant claimed landlord waited too long and therefore waived any right to object to the pet. The appeals court ruled against tenant. Tenant tried to delay removal of the pet by entering into the stipulation. Tenant had also signed a similar stipulation in a prior case brought by landlord. Landlord had persistently sought to have tenant remove the pet.

Bridgeview III Assocs. v. Irimescu: NYLJ, p. 30, col. 3 (3/22/96) (App. T. 2 Dept.; Aronin, JP, Scholnick, Patterson, JJ)