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Silverleaf LP v. Matthew

Tenant Fails to Establish All Elements of Pet Law Defense, Denied Summary Judgment

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Recitation, as required by CPLR Rule 2219(a), of the papers considered in the review of the Petitioner’s Motion for Summary Judgment and other relief:Papers NumberedNotice of Motion and Attached Affirmation, Affidavit & Exhibits A-G 1Respondent’s Memorandum of Law in Support of Motion  2Affirmation & Exhibit A in Opposition  3Affirmation in Reply            4DECISION & ORDERPROCEDURAL HISTORY AND BACKGROUND

*1  This is a holdover proceeding based upon Respondent’s alleged harboring of a dog in her Rent Stabilized apartment in violation of paragraph 22-f of her lease and paragraph 8(a) of a Rider to her lease. Respondent raised in her Answer, inter alia, an affirmative defense of “pet waiver”, based on the assertions that: She has continuously kept pet dogs for several years; she has harbored them open and notoriously; Petitioner was aware or should have been aware of them; and Petitioner waived its right to seek a possessory judgment for breach of the lease by failing to take legal action within three months of the date it became aware of Respondent’s dogs, as required by New York City Administrative Code §27-2009.1(b) (“the Pet Law”). Respondent now moves for summary judgment on her “pet waiver” defense, and supports her motion with her attorney’s affirmation, her own affidavit, the affidavit of a neighbor in the same building, Mineva Santana, and certain documents and photographs.1 Respondent asserts that she has lived in her apartment for eleven years and that she “took on” two Yorkshire Terrier puppies “about four years ago.” She describes them as “tiny” and capable of being picked up with one arm. She asserts that

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