Summary
In Metropolitan Life Insurance Co. v. Friedman (205 A.D.2d 303), we decided that plaintiff-landlord's failure to commence an action within three months after learning that defendants-tenants were harboring a dog in their apartment must be deemed a waiver of the "no-pets" provision in the parties' lease.
Summary of this case from Seward Park Housing Corp. v. CohenOpinion
June 2, 1994
Appeal from the Supreme Court, New York County (Stephen Smyk, J.).
Plaintiff landlord's failure to commence this action within three months after learning that defendant tenants were harboring a dog in their apartment must be deemed a waiver of the "no pets" provision in the parties' lease (Administrative Code of City of N Y § 27-2009.1 [b]; see, e.g., Megalopolis Prop. Assn. v Buvron, 110 A.D.2d 232). We reject plaintiff's argument that the statutory three-month period is inapplicable absent a finding that a no pet provision is being used as a pretext for a retaliatory eviction or some other bad-faith motive.
Concur — Carro, J.P., Wallach, Ross, Rubin and Tom, JJ.