METROPOLITAN LIFE INSURANCE CO. v. FRIEDMAN

Plaintiff landlord's failure to commence this action within three months after learning that defendant tenants were harboring a dog in their apartment must be deemed a waiver of the "no pets" provision in the parties' lease (Administrative Code of City of N Y § 27-2009.1 [b]; see, e.g., Megalopolis Prop. Assn. v Buvron, 110 A.D.2d 232). We reject plaintiff's argument that the statutory three-month period is inapplicable absent a finding that a no pet provision is being used as a pretext for a retaliatory eviction or some other bad-faith motive.

Concur — Carro, J.P., Wallach, Ross, Rubin and Tom, JJ.