| New York City Hous. Dev., LLC v Arias |
| 2006 NY Slip Op 50531(U) [11 Misc 3d 138(A)] |
| Decided on April 3, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Respondent appeals from a final judgment of the Civil Court, New York County (Jerald Klein, J.) entered October 22, 2004, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.
PER CURIAM:
Final judgment (Jerald Klein, J.) entered October 22, 2004 affirmed, with $25 costs.
The evidence at trial established that the police obtained a warrant to search tenant's apartment and recovered approximately one kilo of cocaine, together with ammunition, in a room that tenant rented to a "boarder," who was a friend and associate of tenant's adult son. Both the boarder and son had been the subjects of an extensive criminal investigation involving the sale of drugs in the building. These demonstrated facts warranted the conclusion that tenant's apartment was being used for illegal purposes, and support the trial court's conclusion that tenant turned a "blind eye" to what was happening around her, giving rise to the inference that tenant "knew or should have known of the activities and acquiesced therein" (Matter of 88-09 Realty, LLC v Hill, 305 AD2d 409 [2003]). This constitutes the decision and order of the court.
Decision Date: April 3, 2006