Two Dogs Didn't Constitute Nuisance

June 30, 1995

LVT Number: 9849

Landlord sued to evict elderly rent-controlled tenant for nuisance because she kept two dogs in her apartment. The trial court found that there was no nuisance, only a violation of a substantial obligation of the tenancy. Therefore tenant had a right to cure the condition by getting rid of the dogs, rather than face eviction for nuisance. Landlord appealed. The appeals court ruled against landlord, affirming the lower court's decision.

Landlord sued to evict elderly rent-controlled tenant for nuisance because she kept two dogs in her apartment. The trial court found that there was no nuisance, only a violation of a substantial obligation of the tenancy. Therefore tenant had a right to cure the condition by getting rid of the dogs, rather than face eviction for nuisance. Landlord appealed. The appeals court ruled against landlord, affirming the lower court's decision.

Mulligan v. Brooks: NYLJ, p. 25, col. 2 (6/21/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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