Apartment Used for Illegal Purpose

April 1, 1994

LVT Number: 8716

Landlord sued to evict Nassau County tenant for illegal activity in her apartment. The trial court ruled against landlord without a trial, and landlord appealed. The appeals court ruled for landlord, and reopened the case. Landlord gave sufficient proof that the apartment was being used for an illegal purpose. Tenant then had the burden of showing that she didn't know of or consent to the illegal activity. The court should have allowed the case to proceed to that point.

Landlord sued to evict Nassau County tenant for illegal activity in her apartment. The trial court ruled against landlord without a trial, and landlord appealed. The appeals court ruled for landlord, and reopened the case. Landlord gave sufficient proof that the apartment was being used for an illegal purpose. Tenant then had the burden of showing that she didn't know of or consent to the illegal activity. The court should have allowed the case to proceed to that point.

Jackson Terrace Associates v. Rawlings: NYLJ, p. 27, col. 5 (3/3/94) (App. T. 2 Dept.; DiPaola, PJ, Stark, Luciano, JJ)

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