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APPELLATE TERM UPHOLDS RIGHT OF TENANT TO KEEP HER COMPANION ANIMAL OF 7 YEARS

June 2nd, 2010 In Elliana 76 LLC v. Spier, the Appellate Term upheld a lower court ruling that the six-year statute of limitations bars a claim that a tenant‰¥ús companion animal was a breach of her lease. The rent stabilized tenant‰¥ús 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. We moved to dismiss the proceeding based on the statute of limitations for breaches of contract under CPLR å¤213, as well as waiver under å¤27-2009.1 of the Administrative Code of the City of New York. As 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‰¥ús legal fees. On appeal, the Appellate Term affirmed. The statute of limitations applies regardless of whether a landlord, co-op or condo knew of the presence of the companion animal. Ms. Spier was represented by Darryl M. Vernon of the firm.