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HILLTOP VIL. COOP. v. GOLDSTEIN

43 Misc.2d 657 (1964)

Hilltop Village Cooperative No. 4 Inc., Appellant, v. Milton Goldstein, Respondent.

Supreme Court, Appellate Term, Second Department.

June 10, 1964

Attorney(s) appearing for the Case

Morris Eisenstein for appellant. Reuben Schreiber for respondent.

BROWN and GROAT, JJ., concur in Per Curiam opinion; HART, J., dissents in opinion.

Per Curiam.

Under the circumstances here shown, landlord had a right to terminate the lease by reason of tenant's violation of the provisions of the occupancy agreement which prohibited harboring and maintaining animals in the demised premises (see Knolls Co-op. Section No. II v. Cashman, N. Y. L. J., March 5, 1963, p. 17, col. 3 [Supreme Ct., Bronx County, KORN, J.], affd. 19 A.D.2d 789

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