|Trummer v. Niewisch||
|University Towers Associates v. Gibson||
In this New York case, the petitioner, University Towers Associates commenced this holdover proceeding against the rent-stabilized tenant of record and various undertenants based on an alleged nuisance where the tenants allegedly harbored pit bulls. According to petitioner, the pit bull is an alleged “known dangerous animal” whose presence at the premises creates an threat. The Civil Court of the City of New York held that the landlord's notice of termination did not adequately apprise the tenant of basis for termination; further, the notice of termination and the petition in the holdover proceeding did not allege objectionable conduct over time by the tenant as was required to establish nuisance sufficient to warrant a termination of tenancy.
|Vanderbrook v. Emerald Springs Ranch||
|White v Diocese of Buffalo, N.Y||Plaintiff, Rosemary White brought action against the Defendant, Sacred Heart Roman Catholic Church seeking damages for injuries she sustained when she was bitten by a priests’ dog, at premises owned by the church. White brought the action claiming negligent supervision and retention of the priest who owned dog. The church moved to dismiss, and White moved for summary judgment. The New York Supreme Court, Erie County, granted the church's motion for dismissal, and denied White’s motion. White appealed and the New York Supreme Court, Appellate Division, held that the church was not liable for negligent supervision or retention of the priest. The Appellate Division, reasoned that the Supreme Court, Erie County, properly granted the church’s motion to dismiss White’s complaint for failure to state a cause of action. The Court stated that to the extent White alleged a theory of negligent supervision and retention of the priest in her bill of particulars, the “purpose of the bill of particulars is to amplify the pleadings . . . , and [it] may not be used to supply allegations essential to a cause of action that was not pleaded in the complaint.” Therefore, the order from the Supreme Court was affirmed.|
|Woods v. KittyKind, Inc.||
|Zelman v. Cosentino||