930 FIFTH CORP. v. KING


71 Misc.2d 359 (1972)

930 Fifth Corporation, Appellant, v. Wilma V. King, Respondent.

Supreme Court, Appellate Term, First Department.

May 1, 1972


Attorney(s) appearing for the Case

Paul, Weiss, Goldberg, Rifkind, Wharton & Garrison (Edward N. Costikyan of counsel), for appellant. Newman, Aronson & Neumann (Robert E. Dizak of counsel), for respondent.

STREIT, J. P., and LUPIANO, J., concur in Per Curiam opinion; MARKOWITZ, J., dissents in memorandum.


Per Curiam.

Petitioner, a co-operative corporation, commenced this summary proceeding to evict a tenant-shareholder on the ground that said tenant is illegally holding over after petitioner terminated the tenancy pursuant to a conditional limitation provision of the proprietary lease. Specifically, tenant is charged with harboring a dog in violation of a "house rule" prohibiting the keeping of any bird or animal without...

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