Landlord Claims Apartment Used to Sell Drugs

March 1, 1996

LVT Number: 10388

Landlord sued to evict tenant for using his apartment to sell drugs. The trial court found that landlord didn't have enough proof and ruled for tenant, dismissing the case. Landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Landlord showed that police had searched the apartment with a warrant. Over 100 vials of crack cocaine were recovered, along with drug paraphernalia, weapons, and $9,000 in cash. This was sufficient evidence that the apartment was used for an illegal purpose.

Landlord sued to evict tenant for using his apartment to sell drugs. The trial court found that landlord didn't have enough proof and ruled for tenant, dismissing the case. Landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Landlord showed that police had searched the apartment with a warrant. Over 100 vials of crack cocaine were recovered, along with drug paraphernalia, weapons, and $9,000 in cash. This was sufficient evidence that the apartment was used for an illegal purpose.

Davlee Realty Corp. v. Martinez: NYLJ, p. 25, col. 2 (2/23/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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