Noonan Plaza LLC v. Rubio
Cite as: Noonan Plaza LLC v. Rubio, 570713/12, NYLJ 1202588872270, at *1 (App. Tm., 1st, Decided October 22, 2012)
Before: Lowe III, P.J., Schoenfeld, Torres, JJ.
Decided: October 22, 2012
Landlord appeals, as limited by its briefs, from that portion of an order of the Civil Court of the City of New York, Bronx County (Joel R. Kullas, J.), dated May 2, 2011, which granted tenant's motion for summary judgment dismissing the petition in a holdover summary proceeding.
Order (Joel R. Kullas, J.), dated May 2, 2011, affirmed, with $10 costs.
Landlord's own correspondence of September 22, 2009, addressing the issue of "dog barking" and warning tenant that "you will be fined…[d]ogs are not permitted in premises," clearly established landlord's knowledge of the presence of tenant's dog as of that date. Landlord's failure to commence eviction proceedings within three months
of that date constituted a waiver of the "no pets" provision of the parties' lease agreement (Administrative Code of City of NY §27-2009.1[b]; see Seward Park Housing Corp. v. Cohen, 287 AD2d 157 ), and this notwithstanding landlord's claim that it delayed commencing this proceeding in reliance upon tenant's assurance that the dog had been removed (id. at 162-163; Toledo Mut. Hous. Corp. v. Schwartz, 33 Misc 3d 58 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.