Illegal Use Petition Gives Enough Facts

Landlord sued to evict tenant for illegally using his apartment to sell drugs. Tenant claimed landlord's petition didn't state sufficient facts. The court ruled for landlord. Landlord's petition gave ample, detailed notice of the events on which the petition was based. Landlord attached to its petition copies of a police search warrant and a police statement showing that, as a result of the search, four bags of cocaine, a gun, ammunition, walkie-talkies, a bullet-proof vest, measuring scales, record sheets, and counterfeit money were seized from tenant's apartment. Landlord's petition also stated that the action was brought under Real Property Actions and Proceedings Law section 711(5) for the tenant's use of or permitting her apartment to be used for illegal purposes. Although tenant herself wasn't arrested and not the subject of the search, her roommate was. Tenant was responsible for what took place in the apartment under the law.

Wingate Hall Co. v. Betances: NYLJ, p. 22, col. 6 (9/29/93) (Civ. Ct. NY; Diamond, J)