Insufficient Proof of Illegal Sale of Drugs from Apartment

Landlord sued to evict tenant for permitting the use of his apartment for the illegal sale of drugs. Police, using a search warrant, had seized cocaine, cash, and plastic bags from the apartment, and tenant's son had been sentenced and jailed for criminal possession of a controlled substance. Since summer 2011, landlord had received numerous complaints from other tenants and building emloyees about drug-related activity inside the apartment. The court ruled against landlord after a trial. Although drugs were found in the apartment on a single date, landlord didn't prove that the apartment was being habitually used in connection with the sale of drugs. There also was no other evidence or testimony showing that landlord ever had a problem with tenant previously. Tenant was a senior citizen who stated that he didn't know his son was using drugs.

Riverside Park Community, LLC v. Ventura: 37 Misc.3d 1209(A) (Civ. Ct. NY; 10/12/12; Kraus, J)