184 WEST 10TH STREET CORP. v. MARVITS


59 A.D.3d 287 (2009)

___ N.Y.S.2d ___

184 WEST 10TH STREET CORP., Appellant, v. SIIRI MARVITS, Respondent.

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

Decided February 24, 2009.


Respondent met her burden of demonstrating that she harbored her two cats "openly and notoriously" by showing that she kept the cats and their effects in an open manner, as any cat owner ordinarily would do, without hiding them from the landlord or his agents. In particular, the presence of the cats' litter box in the bathroom was an unmistakable indicium of cat ownership. The cats' shy nature and tendency to hide from strangers notwithstanding, respondent was not required...

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