Opinion
No. 570713/12.
2012-10-22
NOONAN PLAZA LLC, Petitioner–Landlord–Appellant, v. Miriam RUBIO, Respondent–Tenant–Respondent.
Landlord appeals, as limited by its briefs, from that portion of an order of the Civil Court of the City of New York, Bronx County (Joel R. Kullas, J.), dated May 2, 2011, which granted tenant's motion for summary judgment dismissing the petition in a holdover summary proceeding.
Present: LOWE III, P.J., SCHOENFELD, TORRES, JJ.
PER CURIAM.
Order (Joel R. Kullas, J.), dated May 2, 2011, affirmed, with $10 costs.
Landlord's own correspondence of September 22, 2009, addressing the issue of “dog barking” and warning tenant that “you will be fined ... [d]ogs are not permitted in premises,” clearly established landlord's knowledge of the presence of tenant's dog as of that date. Landlord's failure to commence eviction proceedings within three months of that date constituted a waiver of the “no pets” provision of the parties' lease agreement (Administrative Code of City of N.Y. § 27–2009.1[b]; see Seward Park Housing Corp. v. Cohen, 287 A.D.2d 157 [2001] ), and this notwithstanding landlord's claim that it delayed commencing this proceeding in reliance upon tenant's assurance that the dog had been removed ( id. at 162–163;Toledo Mut. Hous. Corp. v. Schwartz, 33 Misc.3d 58 [2011] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.