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SEWARD PARK HOUS. v. COHEN

184 Misc.2d 45 (2000)

705 N.Y.S.2d 875

SEWARD PARK HOUSING CORP., Appellant, v. CAROL COHEN et al., Respondents.

Supreme Court, Appellate Term, First Department.

February 25, 2000.

Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Paul N. Gruber of counsel), for appellant.

Michael K. Brown, New York City, for respondents.

PARNESS, P. J., and McCOOE, J., concur; DAVIS, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order and final judgment dated June 19, 1998 reversed, with $30 costs, and a final judgment of possession is granted in favor of landlord on the holdover petition.

It is undisputed that tenants, in violation of an express condition of their lease, harbored a dog in the apartment premises without landlord's permission. Civil Court dismissed the holdover petition upon its finding that the lease restriction was waived...

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