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Metropolitan Life Insurance Co. v. Friedman

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1994
205 A.D.2d 303 (N.Y. App. Div. 1994)

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. Cohen

Opinion

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.


Summaries of

Metropolitan Life Insurance Co. v. Friedman

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1994
205 A.D.2d 303 (N.Y. App. Div. 1994)

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. Cohen
Case details for

Metropolitan Life Insurance Co. v. Friedman

Case Details

Full title:METROPOLITAN LIFE INSURANCE COMPANY, Appellant, v. JAY FRIEDMAN et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 2, 1994

Citations

205 A.D.2d 303 (N.Y. App. Div. 1994)
613 N.Y.S.2d 8

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