Breach of Lease, dog pet
Civil Court of the City of New York
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LUTWAK, DIANE E.
Post-answer Motion by Tenant
Motion Granted for Landlord
Landlord Substantially Won
LL brought a holdover proceeding based on tenant's harboring of a dog in violation of her lease. Tenant raised the defense of pet waiver. Tenant moved for summary judgment on the pet waiver defense under NYC Pet Law, NYC Admin Code sec. 27-2009.1(b). The issue evaluated by the Court is whether there is a material issue of fact with regard to tenant's defense of waiver under NYC Pet Law. Here, the motion is denied as the evidence tenant submits falls short of what is required to meet her initial burden of proving the elements of the NYC pet law defense. She has made no showing that the landlord had knowledge or should have known of her dogs through the observations of its agents more than three months prior to the commencement of this proceeding. The facts proffered by tenant are scant in scope and include no specifics as to dates and events. As to corroborating evidence, tenant does not provide any ownership or other related documentation to support her claim she has had dogs for four years.
"SILVERLEAF LP v. MATTHEW" (2018). All Decisions. 835.