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LINDEN HILL NO. 2 COOP. v. LESKOWITZ

41 A.D.2d 741 (1973)

Linden Hill No. 2 Cooperative, Appellant, v. Sam Leskowitz et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 5, 1973

Order reversed, on the law, without costs; plaintiff's motion granted and defendants' application denied.

The action is remitted to the Special Term for the entry of an appropriate judgment. In our opinion, the provision in the occupancy agreement barring the harboring of animals is valid and there was no waiver of the provision or oral modification thereof. (See, e.g., Hillman Housing Corp. v. Krupnik, 40 A.D.2d 788;

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