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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.
Document Info
Citation Numbers: 35 Misc. 2d 183, 232 N.Y.S.2d 282, 1962 N.Y. Misc. LEXIS 3428
Filed Date: 4/26/1962
Precedential Status: Precedential
Modified Date: 11/10/2024