Petition Doesn't Give Enough Facts

February 1, 1996

LVT Number: 10374

Landlord sued to evict tenant for nuisance, based on a claim that tenant sold, produced, and used illegal drugs at the apartment or around the building. Tenant claimed that landlord's petition was too vague. The court agreed and ruled against landlord. Landlord's petition vaguely described activity in the vicinity of the building without dates or times. There was no notice to tenant regarding exactly where the activity took place or even how close to the vicinity of the building it was. The case was dismissed.

Landlord sued to evict tenant for nuisance, based on a claim that tenant sold, produced, and used illegal drugs at the apartment or around the building. Tenant claimed that landlord's petition was too vague. The court agreed and ruled against landlord. Landlord's petition vaguely described activity in the vicinity of the building without dates or times. There was no notice to tenant regarding exactly where the activity took place or even how close to the vicinity of the building it was. The case was dismissed.

City of New York v. Benitez: NYLJ, p. 27, col. 4 (1/3/96) (Civ. Ct. Kings; Hoahng, J)

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