Appellate Terms of the Supreme Court of New York, 1962

Jerome Realty Co. v. Yankovich

Appellate Terms of the Supreme Court of New York · Decided April 26, 1962

35 Misc. 2d 183; 232 N.Y.S.2d 282; 1962 N.Y. Misc. LEXIS 3428

Counsel

Reuben Schreiber for appellant. Bonom & Wolf son (Samuel Bonom of counsel), for respondent.

Opinion of the Court

Per Curiam.

Since the mere keeping of a dog in violation of the terms of a lease is not regarded as a breach of a substantial obligation of the tenancy (Parkside Development Co. v. McGee, 21 Misc 2d 277) there was no ground for the final order in favor of the landlord.

The final order should be reversed, with $30 costs, and petition dismissed, with costs.

Concur — Hofstadter, J. P., Gold and Capozzoli, JJ.

Final order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.