B.G. Smith Real Estate v. Byrne

Full title: B.G. SMITH REAL ESTATE, Respondent, v. FRANK BYRNE et al., Appellants B.G…

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 24, 1952

3 Misc. 2d 559 (N.Y. App. Term 1952)

112 N.Y.S.2d 893

Opinion

January 24, 1952

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GERALD P. CULKIN, J.

Paul H. Riess for appellants.

Per Curiam.

The mere keeping of a dog in an apartment in contravention of the terms of a lease is not a breach of a substantial obligation of tenancy. The acceptance of rent after giving notice of termination of tenancy pursuant to a conditional limitation clause in a lease and before the institution of summary proceedings waives the alleged breach and the tenant is not holding over without the permission of the landlord.

The final orders should be reversed, with $30 costs as of one appeal, and final orders directed for tenants, with costs.

HAMMER, EDER and HECHT, JJ., concur.

Orders reversed, etc.