Landlord Waited Over Three Months Before Starting Case

Landlord sued to evict tenant for keeping a dog in her apartment in violation of her lease. Tenant claimed landlord had given up the right to evict her for this reason and asked the court to dismiss the case without a trial. The court ruled against tenant, and tenant appealed. Landlord had written to tenant on May 14, 1996, stating that it discovered on May 6 that tenant had a dog. Landlord didn't send the notice of petition and petition to tenant until Aug. 15, 1996. The appeals court ruled for tenant. Since more than three months had passed from the time landlord claimed it had notice of the pet until the time it started the court case, landlord had given up its right under the law to evict tenant for having the dog. There was no question of fact requiring a trial.

19 East 80th Street Assocs. v. Karman: NYLJ, p. 25, col. 4 (4/14/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)