Tenant Didn't Know Apartment Used for Drug Sales

The Kings County District Attorney's Office sued to evict tenant for illegal use of his apartment after two men were arrested in tenant's apartment and convicted for selling crack. Tenant himself wasn't there when the arrests were made. The D.A. claimed tenant knew the apartment was being used for drug sales. Tenant claimed he was staying with a sick friend in Manhattan for three weeks, and had let the arrested men stay in his apartment during that time. Tenant claimed he knew nothing of the drug sales. The court ruled for tenant. The D.A. didn't prove that tenant had permitted the illegal use of his apartment or that he had any material gain from the sale. The sale that resulted in the arrests was itself on a relatively small scale, worth $100.

Kings County District Attorney's Office v. Freshley: NYLJ, p. 30, col. 6 (1/24/94) (Civ. Ct. Kings; Reichbach, J)