Case Type
Holdover
Holdover Type
Breach of Lease, dog pet
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
36766/2017
Petitioner
SILVERLEAF LP
Respondent
MATTHEW
Judge
LUTWAK, DIANE E.
Decision/Order Date
2018-01-19
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
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.
Recommended Citation
"SILVERLEAF LP v. MATTHEW" (2018). All Decisions. 849.
https://ir.lawnet.fordham.edu/housing_court_all/849
