Money Matters - Simplified

Judges: Condo can't kick out dog

New York -- A New York appeals court tossed out a ruling allowing a condominium board to order a woman to get rid of her 3 1/2-pound teacup Yorkshire terrier.

The Appellate Division judges ruled in favor of Donna Foreman and her dog Charlie, overturning a 2009 ruling by city Supreme Court Justice Howard Lane, who said the Village View Condominium board had the authority to ban dogs from the building, the New York Daily News reported Thursday.

The appellate judges said the ban was approved by the condo board but was not enforceable because it was not written into the building's bylaws and approved by 80 percent of residents.

Forman told the New York Post she obtained Charlie on the advice of her therapist after the death of her previous canine in 2006.

Michael Mauro, Foreman's lawyer, said the condominium spent $100,000 trying to get rid of the canine.

The Daily News and the Post said they were unable to reach the condo's lawyer for comment.

Copyright 2010 United Press International, Inc. (UPI).

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