84 A.D.2d 812 | N.Y. App. Div. | 1981
In an action (1) for a declaratory judgment, (2) to enjoin defendant from harboring an animal in his apartment, arid (3) to recover attorney’s fees pursuant to a written agreement, plaintiff appeals from an order of the Supreme Court, Kings County (Yoswein, J.), entered February 13, 1981, which denied its motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, plaintiff’s motion is granted and it is declared (1) that the provisions of plaintiff’s occupancy agreement and rules and regulations which prohibit the harboring of animals are reasonable and enforceable, and (2) that defendant has violated these provisions. Defendant is enjoined from breaching or violating the provisions of the rules and regulations and occupancy agreement which prohibit the harboring of animals on plaintiff’s property, and the matter is remitted to the Supreme Court, Kings County, for the assessment of legal fees due plaintiff from defendant. Plaintiff is a Mitchell-Lama Housing Co-operative in which defendant is a shareholder-tenant. The occupancy agreement signed by the parties on July 3,1964, as well as the rules and regulations of the co-operative, prohibit the harboring of animals on plaintiff’s premises. Defendant has been harboring a dog in his apartment for at least seven years. In November, 1973 the parties settled a summary holdover proceeding brought by plaintiff to evict
