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JEROME REALTY COMPANY, Respondent, v. JOHN YANKOVICH, Appellant

Per Curiam.

Since the mere keeping of a dog in violation of the terms of a lease is not regarded as a breach of a substantial obligation of the tenancy ( Parkside Development Co. v. McGee, 21 Misc.2d 277) there was no ground for the final order in favor of the landlord.

The final order should be reversed, with $30 costs, and petition dismissed, with costs.

Concur — HOFSTADTER, J.P., GOLD and CAPOZZOLI, JJ.

Final order reversed, etc.

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JEROME REALTY CO. v. YANKOVICH
(Apr 26, 1962)