Tenant Evicted for Keeping Dog in Violation of Lease

November 1, 2005

LVT Number: 18475

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled for landlord but gave tenant two months to correct the lease violation by removing the dog. Tenant later asked the court to vacate the eviction warrant. He had obtained a delay of eviction pending an appeal of the case, and had by now removed the dog. The court ruled against tenant. Tenant appealed, claiming that the delay he obtained pending appeal stopped the two-month correction period while the appeal was pending. The appeals court ruled against tenant.

Landlord sued to evict tenant for keeping a dog in violation of his lease. The court ruled for landlord but gave tenant two months to correct the lease violation by removing the dog. Tenant later asked the court to vacate the eviction warrant. He had obtained a delay of eviction pending an appeal of the case, and had by now removed the dog. The court ruled against tenant. Tenant appealed, claiming that the delay he obtained pending appeal stopped the two-month correction period while the appeal was pending. The appeals court ruled against tenant. There was no court-ordered delay of the correction period. Tenant didn't comply with the court's ruling to remove the dog within two months. Landlord could proceed with the eviction.

Landmark Properties v. Olivo: NYLJ, 10/12/05, p. 27, col. 4 (App. T. 2 Dept.; Rudolph, PJ, Angiolillo, Tanenbaum, JJ)

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