Linden Hill No. 2 Cooperative v. Leskowitz

Appellate Division of the Supreme Court of New York

Linden Hill No. 2 Cooperative v. Leskowitz

41 A.D.2d 741, 341 N.Y.S.2d 317, 1973 N.Y. App. Div. LEXIS 4977

Appellate Division of the Supreme Court of the State of New York·Decided March 5, 1973·Published·Cited by 4 cases

Opinion

In an action inter alla for a declaratory judgment and injunctive relief, with respect to defendants’ harboring of a dog in their apartment, plaintiff appeals from an order of the Supreme Court, Queens County, dated September 25, 1972, which denied its motion for summary judgment, granted defendants summary judgment and adjudged that plaintiff is not entitled to removal of the dog. Order reversed, on the law, without costs; plaintiff’s motion granted and defendants’ application denied. The action is remitted to the Special Term for the entry of an appropriate judgment. In our opinion, the provision in the occupancy agreement barring the harboring of animals is valid and there was no waiver of the provision or oral modification thereof. (See, e.g., Hillman Housing Corp. v. Krupnik, 40 A D 2d 788; Hilltop Vil. Coop. No. 4 v. Goldstein. 43 Misc 2d 657, affd. 23 A D 2d 722; Lincoln Coop. Apts. v. Zaifert, 23 A D 2d 796.) Munder, Acting P. J., Martuscello, Latham* Gulotta and Brennan, JJ., concur.

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In an action inter alla for a declaratory judgment and injunctive relief, with respect to defendants’ harboring of a dog in their apartment, plaintiff appeals from an order of the Supreme Court, Queens County, dated September 25, 1972, which denied its motion for summary judgment, granted defendants summary judgment and adjudged that plaintiff is not entitled to removal of the dog. Order reversed, on the law, without costs; plaintiff’s motion granted and defendants’ application denied. The action is remitted to the Special Term for the entry of an appropriate judgment. In our opinion, the provision in the occupancy agreement barring the harboring of animals is valid and there was no waiver of the provision or oral modification thereof. (See, e.g., Hillman Housing Corp. v. Krupnik, 40 A D 2d 788; Hilltop Vil. Coop. No. 4 v. Goldstein. 43 Misc 2d 657, affd. 23 A D 2d 722; Lincoln Coop. Apts. v. Zaifert, 23 A D 2d 796.) Munder, Acting P. J., Martuscello, Latham* Gulotta and Brennan, JJ., concur.

Linden Hill No. 2 Cooperative v. Leskowitz, 41 A.D.2d 741, 341 N.Y.S.2d 317, 1973 N.Y. App. Div. LEXIS 4977 (N.Y. Ct. App. 1973).

Pincite

41 A.D.2d 741 (Linden Hill No. 2 Cooperative v. Leskowitz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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