E. 145 CO. v. BENAYOUN


190 Misc.2d 164 (2001)

736 N.Y.S.2d 830

EAST 145 CO., Appellant, v. AVRAHAM BENAYOUN et al., Respondents, et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 1, 2001.


Attorney(s) appearing for the Case

Borah, Goldstein, Altschuler, Schwartz & Nahins, P. C., New York City (Jeffrey R. Metz of counsel), for appellant.

Traub, Bonacquist & Fox, L. L. P., New York City (Frederick J. Levy, Paul Traub and Peter G. Lavery of counsel), for respondents.

DAVIS and SUAREZ, JJ., concur; McCOOE, J. P., dissents in part in a separate memorandum.


OPINION OF THE COURT

Per Curiam.

Order dated February 22, 2001 modified by granting landlord's cross motion to strike the third affirmative defense and first counterclaim, and by granting summary judgment to landlord on the holdover petition; as modified, order affirmed, with $10 costs to landlord appellant.

Tenants concede that they harbored a dog in violation of the "no pets" lease provision and...

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