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JEROME REALTY CO. v. YANKOVICH

35 Misc.2d 183 (1962)

Jerome Realty Company, Respondent, v. John Yankovich, Appellant.

Supreme Court, Appellate Term, First Department.

April 26, 1962

Attorney(s) appearing for the Case

Reuben Schreiber for appellant. Bonom & Wolfson (Samuel Bonom of counsel), for respondent.

Concur — HOFSTADTER, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

Since the mere keeping of a dog in violation of the terms of a lease is not regarded as a breach of a substantial obligation of the tenancy (Parkside Development Co. v. McGee, 21 Misc.2d 277) there was no ground for the final order in favor of the landlord.

The final order should be reversed, with $30 costs, and petition dismissed, with costs.

Final order...

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