No Proof Tenant's Three Pit Bulls Created Hazardous Condition

Landlord sued to evict tenant for keeping dogs in violation of tenant’s lease. Landlord also claimed that keeping three pit bulls was a hazardous act because it would increase landlord’s insurance premiums. Tenant asked the court to dismiss the case, claiming that landlord waived its right to object to the dogs by failing to act within three months after tenant got them. Tenant also claimed there was no proof that the dogs created a hazard. The court ruled for tenant and dismissed the case. Landlord didn’t deny that it failed to act within three months. And New York City hasn't recognized pit bulls as a dangerous breed of dog. And landlord failed to show that the dogs were dangerous and hazardous to the safety of others at the building. Landlord’s claim that its insurance costs would increase was speculative.

Kismo Apartments, LLC v. Mateo: Index No. L&T53131/15, NYLJ No. 1202757120854 (Civ. Ct. S.I.; 4/18/16; Slade, J)