Landlord Waited Too Long to Start Drug Eviction Case

May 31, 2005

LVT Number: 18114

Landlord sued to evict tenant, claiming that tenant's apartment was used for illegal drug trafficking. More than two years earlier, police had raided tenant's apartment and found large amounts of cocaine, marijuana, drug paraphernalia, and weapons. Tenant asked the court to dismiss the case. She claimed that landlord had waited too long to start the eviction case. The court ruled for tenant. The court found that, under CPLR 215(4), a one-year time limit applied to eviction cases based on illegal use.

Landlord sued to evict tenant, claiming that tenant's apartment was used for illegal drug trafficking. More than two years earlier, police had raided tenant's apartment and found large amounts of cocaine, marijuana, drug paraphernalia, and weapons. Tenant asked the court to dismiss the case. She claimed that landlord had waited too long to start the eviction case. The court ruled for tenant. The court found that, under CPLR 215(4), a one-year time limit applied to eviction cases based on illegal use.

NYCHA v. Pretto: NYLJ, 5/18/05, p. 19, col. 1 (Civ. Ct. Bronx; Alpert, J)

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