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980 FIFTH AVENUE CORP. v. SMITH

295 A.D.2d 133 (2002)

743 N.Y.S.2d 435

980 FIFTH AVENUE CORP., Appellant, v. DONALD G. SMITH et al., Respondents, et al., Counterclaim Defendants.

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

Decided June 6, 2002.

A dog is not a per se nuisance (see, McCluskey v Wile, 144 App Div 470). Therefore, if plaintiff residential cooperative corporation were to claim successfully that the dog residing in defendants' apartment constituted a nuisance, plaintiff would be required to plead and prove that the dog's conduct in some way substantially and unreasonably interfered with the property rights of defendants' fellow tenant-shareholders (see, Lewis v Stiles, 158...

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