Insufficient Proof of Illegal Drug Activity in Apartment

Landlord sued to evict tenant, claiming that tenant used or permitted the use of her apartment for illegal drug trade and created a nuisance. Tenant asked the court to dismiss the case. She claimed that landlord's termination notice didn't state sufficient facts to support the claim. The court ruled for tenant and dismissed the case. Landlord's notice failed to show that the apartment was used for drug trade or that tenant knew or should have known of any illegal activity. Cocaine residue was found on a razor blade recovered from the apartment, but no amount of drugs or paraphernalia was found. Police found a revolver belonging to a nontenant in the apartment, but this was an isolated incident. The fact that police got a search warrant wasn't conclusive proof of ongoing illegal activity.

AIMCO 759 St. Nicholas LLC v. Brown: 099768/09, NYLJ 120246992737 (Civ. Ct. NY; Scheckowitz, J; 8/4/10)