PARK HOLDING CO. v. LAVIGNE


130 Misc.2d 396 (1985)

Park Holding Co., Appellant, v. Elliot M. Lavigne, Respondent.

Supreme Court, Appellate Term, First Department.

December 12, 1985


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Jeffrey R. Metz and Lawrence E. Goldstein of counsel), for appellant. Darryl M. Vernon for respondent.

HUGHES, P.J., RICCOBONO and PARNESS, JJ., concur.


Per Curiam.

Order entered May 1, 1985 unanimously reversed, with $10 costs, and tenant's motion to dismiss the holdover petition is denied.

Upon tenant's entry into possession of the subject premises, on or about May 1, 1983, he executed a lease which prohibited the harboring of animals of any kind without written permission and which further provided that "[t]he harboring of a dog is a substantial violation of the lease". Tenant also executed a separate rider...

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