Defendant was a tenant in a co-op and agreed to abide by the propriety lease. The co-op is pet friendly except to certain dog breeds. Defendant had a dog whose breed was not allowed in the co-op, a pitbull.
Plaintiff then commenced an action seeking removal of the animal and defendants moved to dismiss the proceeding. Plaintiff cross-moved seeking declaratory relief and an injunction. Plaintiff submitted several testimonies about the dog annoying the neighbors, and in particular, an affidavit by a licensed process server who was allegedly attacked by the dog when giving service.
