360 East 72nd Street Owners Inc. v. Subrina Wolkoff

Date: 01-21-2025

Case Number: 2024-02830

Judge: Alexander M. Tisch

Court: Supreme Court, New York County, New York

Plaintiff's Attorney:

Defendant's Attorney:

Description: New York City, New York condominium law lawyers represented the parties is a dispute over the enforcement of house rule.

Plaintiff cooperative waived the house rule prohibiting pit bulls in the building under Administrative Code of City of NY § 27-2009.1 and held the motion and cross-motion for summary judgment in abeyance pending a hearing to determine whether the nuisance exception under Administrative Code § 27-2009.1(d) applied, and order, same court and Justice, entered April 8, 2024, which, after a hearing, granted defendant's motion for summary judgment dismissing the amended complaint and denied the cooperative's cross-motion for summary judgment, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered April 18, 2024, which denied defendant's motion to dismiss as moot, unanimously dismissed, without costs, as taken by a nonaggrieved party.

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Legal issue Did the cooperative waive the enforcement of its house rule prohibiting pit bulls by not commencing action within the statutory period, and did the nuisance exception apply under the pet law?

Key Phrases Cooperative apartment proprietary leases. Nuisance exception. Pet law. House rule. Dog's conduct.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: