B. G. SMITH REAL ESTATE v. BYRNE


3 Misc.2d 559 (1952)

B. G. Smith Real Estate, Respondent, v. Frank Byrne et al., Appellants. B. G. Smith Real Estate, Respondent, v. Edward J. Beers, Appellant.

Supreme Court, Appellate Term, First Department.

January 24, 1952.


Attorney(s) appearing for the Case

Paul H. Riess for appellants.

HAMMER, EDER and HECHT, JJ., concur.


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.

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