Jerome Realty Co. v. Yankovich

Full title: JEROME REALTY COMPANY, Respondent, v. JOHN YANKOVICH, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Apr 26, 1962

35 Misc. 2d 183 (N.Y. App. Term 1962)

232 N.Y.S.2d 282

Opinion

April 26, 1962

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOHN J. MANGAN, J.

Reuben Schreiber for appellant.

Bonom Wolfson ( Samuel Bonom of counsel), for respondent.

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.