Landlord Can't Prove Tenant or Her Son Sold Drugs from Apartment

Landlord sued to evict tenant for using her apartment to facilitate drug trade and for creating a nuisance. The court ruled against landlord after a trial. Landlord appealed and lost. There was no claim or proof presented that tenant herself sold or attempted to sell drugs from the apartment or from the building. And landlord didn't prove that the apartment was used for drug activity. Tenant worked as a home care attendant and slept away from the apartment one night per week. There was no proof that she knew or agreed to illegal drug-related activities by her adult son, who lived with her at the time, and claimed to keep marijuana out of the apartment and to hide his activities from tenant. The case was properly dismissed.

551 West 172nd Street LLC v. Taveras: 2018 NY Slip Op 50105(U), 2018 WL 577736 (App. T. 1 Dept.; 1/29/18; Shulman, PJ, Ling-Cohan, Gonzalez, JJ)