Case Type
Other
Housing Type
Market Rate
Court
Supreme Court of the State of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
533271/2024
Slip Opinion Number
2025 NY Slip Op 50581(U)
Petitioner
PP 535 Carlton TC LLC
Respondent
Joane Cosme and Jorge Perez
Judge
Maslow, Aaron D.
Decision/Order Date
2025-04-18
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The landlord brought a motion for a preliminary injunction against the tenant and her co-occupant due to persistent nuisance behavior caused by their three pit bulls. The dogs had exhibited repeated aggression toward tenants, children, staff, and other pets, accompanied by threatening and abusive conduct from the owners. Despite a Notice to Cure and ongoing summary holdover proceedings, the tenant failed to act. The court found the landlord established a likelihood of success, irreparable harm, and a balance of equities in its favor. The dogs' behavior, coupled with the tenant's inaction, created a dangerous, intolerable environment. The court granted injunctive relief ordering removal of the dogs and prohibiting harboring of animals or further objectionable conduct. Practice Note: Documented, ongoing nuisance from pets "particularly in defiance of lease terms" can justify equitable relief, even while a holdover case is pending.
Recommended Citation
"PP 535 Carlton TC LLC v. Cosme" (2025). All Decisions. 1808.
https://ir.lawnet.fordham.edu/housing_court_all/1808
