Insufficient Proof of Drug Trafficking in Apartment

May 31, 2011

LVT Number: #23438

Landlord sued to evict tenant for drug activity in tenant's apartment. The trial court ruled against landlord, who appealed and lost. Landlord failed to prove sufficiently that the apartment was used to facilitate drug trade and that tenant knew or should have known of illegal drug activity in the apartment. The amount of contraband recovered and the possession charges brought against tenant were nominal and didn't prove landlord's claim that the apartment was used illegally on a regular basis.

Landlord sued to evict tenant for drug activity in tenant's apartment. The trial court ruled against landlord, who appealed and lost. Landlord failed to prove sufficiently that the apartment was used to facilitate drug trade and that tenant knew or should have known of illegal drug activity in the apartment. The amount of contraband recovered and the possession charges brought against tenant were nominal and didn't prove landlord's claim that the apartment was used illegally on a regular basis.

Second Farms Neighborhood HDFC v. Lessington: 31 Misc.3d 144(A), 2011 NY Slip Op 50929(U) (App. T. 1 Dept.; 5/26/11; Hunter Jr, JP, Schoenfeld, Torres, JJ)

Topics

More like this