In Elliana 76 LLC v. Spier, Ms. Spier’s Yorkshire terrier had lived at her apartment for 7-and-a-half years before the landlord attempted to evict her for breaching a no-pet clause. On behalf of Ms. Spier, we moved to dismiss the proceeding based on the statute of limitations for breaches of contract under CPLR §213, as well as waiver under §27-2009.1 of the Administrative Code of the City of New York. As Housing Court Judge Peter Wendt found, the landlord was barred from maintaining the case by a six-year statute of limitations for breaches of contract. The proceeding was dismissed and the landlord ordered to pay the tenant’s legal fees.
Ms. Spier was represented by Darryl M. Vernon of the firm.
Tags: 27-2009.1, companion animals, CPLR 213, rent stabilization, statue of limitations
