565 TENANTS CORP. v. ADAMS


54 A.D.3d 602 (2008)

863 N.Y.S.2d 675

565 TENANTS CORP., Respondent, v. JAN ADAMS, Appellant.

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

September 18, 2008.


The Appellate Term correctly held that under the terms of the parties' stipulation, tenant's admitted presence in the apartment at the time his dog defecated on the floor required that the mess be immediately cleaned up. Tenant's claim that the dog must have defecated while he and his girlfriend were in another area of the apartment and in a hurry to make a plane, and that they were unaware of the mess until they returned from vacation three weeks later, is unavailing (

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