Majority
p. 221Trump Village Sec. 3, Inc., Appellant, v. Arlan Rothstein, Respondent. Trump Village Sec. 4, Inc., Appellant, v. James Patterson et al., Respondents. Supreme Court, Appellate Term, Second Department, January 20, 1971.
Nardone & Weiner (Norman W. Weiner of counsel), for appellants.
In our opinion, the action of the tenants in harboring dogs in the demised premises was a breach of their respective occupancy agreements and justified termination of their tenancies (Hilltop Vil. Coop. No. 4 v. Goldstein, 43 Misc 2d 657 , affd. 23 A D 2d 722 ).
The final judgments should be unanimousl/ reversed, without costs, and final judgments directed for landlord as prayed for in
p. 222
the petitions. If tenants remove the dogs within 30 days after service of a copy of the order hereon, eviction is stayed until further order of this court.
Present — Groat, P. J., Schwartzwald and Hargett, JJ.
Final judgments reversed, etc.
Cases cited
- Hilltop Village Cooperative No. 4 Inc. v. Goldstein 43 Misc 2d 657 p. 221