DAYTON TOWERS, INC. v. WERTHEIM


54 A.D.2d 749 (1976)

Dayton Towers, Inc., Appellant, v. Gerald Wertheim, Respondent

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

October 25, 1976


Order reversed, without costs or disbursements, and motion for summary judgment denied.

Plaintiff was required to give notice to its tenants of any regulation adopted by it restricting the harboring of dogs. The occupancy agreement executed by and between plaintiff and defendant requires notice, but does not require notice by mail. There is a dispute as to whether any notice was given and, hence, a trial is required to determine whether

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