40 A.D.2d 996 | N.Y. App. Div. | 1972
In an action to reform a lease, defendant appeals from a judgment of the Supreme Court, Kings County, entered May 8, 1972, which, after a non jury trial, enjoined it from taking any steps to evict plaintiffs (defendant’s tenants) from its premises upon the ground that they harbor animals thereon. Judgment reversed, on the law, without costs, and complaint dismissed, without costs. Plaintiffs, tenants in defendant landlord’s apartments, brought this action to reform a provision of their leases prohibiting animals on the demised premises. They presented testimony that defendant’s renting agents had asserted that the provision in the leases prohibiting animals on Ihe premises was a mere formality. Their evidence further was that defendant knew that plaintiffs were openly and notoriously maintaining animals on the premises and that, despite this fact, defendant accepted rent from them. Plaintiffs claim defendants thereby waived such prohibition. In addition,