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TOLEDO MUTUAL HOUSING CORP. v. SCHWARTZ

2010-1008 Q C.

33 Misc.3d 58 (2011)

934 N.Y.S.2d 283

2011 NY Slip Op 21363

TOLEDO MUTUAL HOUSING CORP., Respondent-Appellant, v. NORMA SCHWARTZ et al., Appellants-Respondents.

Supreme Court, Appellate Term, Second Department.

Decided October 14, 2011.

Attorney(s) appearing for the Case

Vernon & Ginsburg, LLP, New York City ( Yoram Silagy ofcounsel), for appellant.

Holihan & Associates, P.C., Richmond Hill ( Stephen Holihan of counsel), for respondent.

STEINHARDT, J.P., PESCE and WESTON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

In this holdover proceeding predicated on a claim that tenant Norma Schwartz and undertenant Marc Schwartz (hereinafter tenants) had violated their proprietary lease by harboring a dog without landlord cooperative corporation's consent, tenants moved to dismiss the petition and for an award of attorney's fees, asserting that they had harbored the dog openly and notoriously...

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