Criminal Proceeding Doesn't Delay Illegal Use Eviction Trial

November 1, 1993

LVT Number: 8277

Facts: Police got a search warrant and found cocaine, crack, drug paraphernalia, and sales records in tenant's apartment. Tenant was arrested, and criminal charges were brought against her. Soon after, landlord sued to evict tenant for illegal use of her apartment. Tenant claimed the eviction case should be delayed pending the outcome of her criminal trial. She claimed proof was obtained from her illegally in the criminal case. Court: Tenant loses. The eviction case can proceed. The court has the authority to delay the case, but there was no reason to do so.

Facts: Police got a search warrant and found cocaine, crack, drug paraphernalia, and sales records in tenant's apartment. Tenant was arrested, and criminal charges were brought against her. Soon after, landlord sued to evict tenant for illegal use of her apartment. Tenant claimed the eviction case should be delayed pending the outcome of her criminal trial. She claimed proof was obtained from her illegally in the criminal case. Court: Tenant loses. The eviction case can proceed. The court has the authority to delay the case, but there was no reason to do so. The issues and the relief sought in the two cases are different. And tenant can't exclude proof in an eviction trial, which she may be able to do in a criminal trial.

Pleasant East Associates v. Soto: NYLJ, p. 26, col. 3 (10/27/93) (Civ. Ct. NY; Diamond, J)

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