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RENT-STABILIZED TENANT WINS RIGHT TO KEEP COMPANION ANIMAL OF 7 YEARS UNDER STATUTE OF LIMITATIONS

February 23rd, 2010 In Elliana 76 LLC v. Spier, Ms. Spier‰¥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. On behalf of Ms. Spier, 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 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‰¥ús legal fees. Ms. Spier was represented by Darryl M. Vernon of the firm.