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B.G. Smith Real Estate v. Byrne

Supreme Court, Appellate Term, First Department
Jan 24, 1952
3 Misc. 2d 559 (N.Y. App. Term 1952)

Opinion

January 24, 1952

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GERALD P. CULKIN, J.

Paul H. Riess for appellants.


The mere keeping of a dog in an apartment in contravention of the terms of a lease is not a breach of a substantial obligation of tenancy. The acceptance of rent after giving notice of termination of tenancy pursuant to a conditional limitation clause in a lease and before the institution of summary proceedings waives the alleged breach and the tenant is not holding over without the permission of the landlord.

The final orders should be reversed, with $30 costs as of one appeal, and final orders directed for tenants, with costs.

HAMMER, EDER and HECHT, JJ., concur.

Orders reversed, etc.


Summaries of

B.G. Smith Real Estate v. Byrne

Supreme Court, Appellate Term, First Department
Jan 24, 1952
3 Misc. 2d 559 (N.Y. App. Term 1952)
Case details for

B.G. Smith Real Estate v. Byrne

Case Details

Full title:B.G. SMITH REAL ESTATE, Respondent, v. FRANK BYRNE et al., Appellants B.G…

Court:Supreme Court, Appellate Term, First Department

Date published: Jan 24, 1952

Citations

3 Misc. 2d 559 (N.Y. App. Term 1952)
112 N.Y.S.2d 893

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