A defendant co-op shareholder, who owned a dog, moved pursuant to CPLR 3212, to dismiss the subject proceeding. The plaintiff co-op cross-moved, seeking a declaratory judgment and permanent injunction.

The co-op argued that the defendant had agreed to abide by a proprietary lease and pursuant thereto, the co-op board may “establish house rules as the board deems necessary for the management and control of the building.” The defendant allegedly violated the house rules and had thereby, substantially breached the proprietary lease.