Poko-St Anns LP v. Woodley

Landlord/Tenant Law

New York Law Journal


Judge Brenda Spears

This holdover proceeding was predicated on landlord's allegation tenant Woodley violated her lease by committing or allowing a nuisance in the subject premises. The premises were allegedly used to facilitate the illegal sale or distribution of controlled narcotics. Landlord claimed the District Attorney informed it that a search of the premises produced evidence it was being utilized for illegal purposes, noting various tablets, including Oxycodone, and a glass pipe with cocaine residue were recovered. Tenant did not deny she was arrested and pleaded guilty to disorderly conduct, but argued the predicate notice and petition failed to establish the premises were used for an illegal trade or business. The court agreed finding the term "illegal use" was defined as an activity demonstrating a measure of continuity or permanence, revealing a habitual illegal use of the premises by tenant. Here, the petition provided no factual support for landlord's claim tenant's one sale of one tablet of a controlled substance was evidence of an illegal trade or business. It ruled the pleadings did not provide the requisite material elements supporting a claim of habitual use from one isolated incident. Thus, tenant was granted dismissal.

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