WUERTZ v. COWNE


65 A.D.2d 528 (1978)

Ute G. Wuertz, Appellant, v. Leslie M. Cowne, Respondent

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

October 17, 1978


Plaintiff has been a tenant in defendant's building under the present written lease since October 1, 1975. According to the lease: plaintiff may not keep a dog in her apartment without defendant's written consent; all waivers of lease covenants must be in writing; defendant's failure to insist on strict performance may not be deemed a waiver. Throughout her tenancy plaintiff has had a dog, openly and with full knowledge by defendant. However, when plaintiff objected to defendant...

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