Co-ops—Dogs—Co-op's Action To Remove Dog Dismissed—Co-op Failed To Show That Dog Damaged Premises or Caused a Nuisance or Interfered With the Health, Safety or Welfare of Other Tenants—NYC Admin. Code §27-2009.1—Notice To Cure and Notice Of Termination of Proprietary Lease Based on Alleged Violation of House Rules By Maintaining a Pit Bull In Her Apartment—"Sending Letters, or Even Attempting To Terminate the Proprietary Lease, Within the Three-Month Time Frame Does Not Substitute for Commencing a Summary Proceeding or Action"—§27-2009.1 Applies Not Just to Buildings That Have "A Blanket No Pet Policy" But Also to Buildings That Restrict Certain Pets—Co-op Buildings Are Not Exempt From §27-2009.1—"Fear, or the Purported Danger, of a Certain Breed of Dog Isn't Enough To Trigger a §27-2009.1(d) Waiver"

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.