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STARRETT CITY v. JACE

137 Misc.2d 328 (1987)

Starrett City, Inc., Respondent, v. Maureen Jace, Appellant.

Supreme Court, Appellate Term, Second Department.

May 18, 1987

Attorney(s) appearing for the Case

Morton B. Dicker and Steven A. Neil for appellant. Gutman & Mintz, P. C. (Carole Aronson of counsel), for respondent.

KASSOFF, P. J., MONTELEONE and LERNER, JJ., concur.

MEMORANDUM.

Judgment and order unanimously reversed, with $10 costs, and petition dismissed.

Landlord commenced a holdover proceeding based on the allegation that tenant violated the "no-pet" clause of her lease. In the court below and upon this appeal, tenant contended that landlord waived this "breach" by not commencing this proceeding in a timely fashion. In opposition, in the court below and on this appeal,...

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