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SEWARD PARK HOUS. v. COHEN

287 A.D.2d 157 (2001)

734 N.Y.S.2d 42

SEWARD PARK HOUSING CORP., Respondent, v. CAROL COHEN et al., Appellants.

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

December 13, 2001.

Attorney(s) appearing for the Case

Jeffrey R. Metz of counsel (Paul N. Gruber on the brief; Borah, Goldstein, Altschuler & Schwartz, P. C., attorneys), for respondent.

Michael K. Brown for appellants.

OPINION OF THE COURT

BUCKLEY, J.

This is a holdover summary proceeding by petitioner landlord to evict respondent tenant for harboring a dog. This case presents two questions arising from interpretation of a 1983 New York City ordinance.1 The questions are:

(1) Where a tenant openly and notoriously harbors a pet for three months, with the actual knowledge of servants and employees at the building who are not required...

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