GIDINA PARTNERS LLC v. MARCO


11 Misc.3d 21 (2005)

811 N.Y.S.2d 859

GIDINA PARTNERS LLC, Appellant, v. DAMIAN MARCO et al., Respondents.

Supreme Court, Appellate Term, First Department.

December 29, 2005.


Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City (Jason S. Garber of counsel), for appellant.

SUAREZ, P.J., GANGEL-JACOB and SCHOENFELD, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Final judgment entered on or about May 19, 2004 reversed, with $30 costs, and matter remanded for further proceedings consistent with this decision.

Even when viewed in the light most favorable to the tenants, the trial evidence fails to establish that landlord waived its right to enforce the "no-pets" provision of the governing lease agreement (see Administrative...

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