Mutual Redevelopment Houses, Inc. v. Balducci

Appellate Division of the Supreme Court of New York

Mutual Redevelopment Houses, Inc. v. Balducci

37 A.D.2d 943, 325 N.Y.S.2d 765, 1971 N.Y. App. Div. LEXIS 3001

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1971

StatusPublished

Cited by2 cases

This text of 37 A.D.2d 943 (Mutual Redevelopment Houses, Inc. v. Balducci) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mutual Redevelopment Houses, Inc. v. Balducci, 37 A.D.2d 943, 325 N.Y.S.2d 765, 1971 N.Y. App. Div. LEXIS 3001 (N.Y. Ct. App. 1971).

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Opinion

Order, Supreme Court, Hew York County entered on March 8, 1971, unanimously reversed, on the law, without costs and without disbursements, and the motion for summary judgment granted in plaintiff’s favor enjoining the defendant from harboring a dog in his apartment. Plaintiff is a co-operative housing development consisting of 10 21-story residential apartment buildings housing approximately 9,000 persons of low and moderate income in 2,820 apartments. The defendant’s lease prohibits harboring of animals and provides that this covenant is substantial, and that a violation may be enjoined and cannot be waived unless in writing. The defendant contends that others in a similar position have not been requested to comply, and further that the plaintiff has waived the provision of the lease by years of inaction with respect thereto. This is not a matter of first impression, and our previous determinations run contra to the defendant’s position. (East Riv. Housing Corp. v. Matonis, 34 A D 2d 937, affd. without opinion, 27 N Y 2d 931; Riverbay Corp. v. Klinghoffer, 34 A D 2d 630; see, also, Brigham Park Coop. Apts. v. Krauss, 28 A D 2d 846, affd. 21 N Y 2d 941.) Concur — Markewich, J. P., Hunez, Kupferman, Murphy and Tilzer, JJ.

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Order, Supreme Court, Hew York County entered on March 8, 1971, unanimously reversed, on the law, without costs and without disbursements, and the motion for summary judgment granted in plaintiff’s favor enjoining the defendant from harboring a dog in his apartment. Plaintiff is a co-operative housing development consisting of 10 21-story residential apartment buildings housing approximately 9,000 persons of low and moderate income in 2,820 apartments. The defendant’s lease prohibits harboring of animals and provides that this covenant is substantial, and that a violation may be enjoined and cannot be waived unless in writing. The defendant contends that others in a similar position have not been requested to comply, and further that the plaintiff has waived the provision of the lease by years of inaction with respect thereto. This is not a matter of first impression, and our previous determinations run contra to the defendant’s position. (East Riv. Housing Corp. v. Matonis, 34 A D 2d 937, affd. without opinion, 27 N Y 2d 931; Riverbay Corp. v. Klinghoffer, 34 A D 2d 630; see, also, Brigham Park Coop. Apts. v. Krauss, 28 A D 2d 846, affd. 21 N Y 2d 941.) Concur — Markewich, J. P., Hunez, Kupferman, Murphy and Tilzer, JJ.

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Bluebook (online)

37 A.D.2d 943, 325 N.Y.S.2d 765, 1971 N.Y. App. Div. LEXIS 3001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mutual-redevelopment-houses-inc-v-balducci-nyappdiv-1971.

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