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Jerome Realty Co. v. Yankovich

35 Misc.2d 183 Court Supreme Court, Appellate Term, First Department, Decision date 1962-04-26 English

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p. 183
Jerome Realty Company, Respondent, v. John Yankovich, Appellant.
Supreme Court, Appellate Term, First Department,
April 26, 1962.
Reuben Schreiber for appellant. Bonom & Wolf son (Samuel Bonom of counsel), for respondent.

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.