| Chelsea Ventura, LLC v Romansky |
| 2008 NY Slip Op 50661(U) [19 Misc 3d 132(A)] |
| Decided on April 2, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Landlord appeals from an order of the Civil Court of the City of New York, New York
County (Sheldon J. Halprin, J.), dated August 16, 2007, which granted tenants' motion for
summary judgment dismissing the petition in a holdover summary proceeding.
PER CURIAM:
Order (Sheldon J. Halprin, J.), dated August 16, 2007, affirmed, with $10 costs.
The landlord's own correspondence of December 27, 2006, headed "Re: Dog in Apartment" and directing tenants to "immediately remove the dog from the premises" or face legal proceedings and "possible termination of your lease," clearly established landlord's knowledge of the presence of tenants' dog as of that date. The landlord's acknowledged 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]). The law requires strict enforcement of the three-month commencement rule (see Seward Park Hous. Corp. v Cohen, 287 AD2d 157 [2001]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: April 2, 2008