Opinion
570130/10.
Decided July 19, 2010.
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), entered on or about January 28, 2010, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.
Final judgment (Joseph E. Capella, J.), entered on or about January 28, 2010, affirmed, with $25 costs.
PRESENT: MCKEON, P.J., SHULMAN, HUNTER, Jr., JJ.
The trial evidence, fairly considered, supports the possessory judgment awarded to landlord. The undisputed evidence established that, while executing a search warrant, police recovered from various locations in tenant's apartment, among other things, a deck of heroin; a small quantity of marijuana; a coffee grinder, scale and a toothbrush, each containing heroin residue; a false bottom container containing two to four hundred glassine envelopes; drug paraphernalia used to dilute heroin; and a taser/stun gun. The arresting officer, based upon his extensive experience, testified that the apartment was used to dilute, package and distribute heroin. The trial evidence therefore amply supports the court's finding that the apartment at issue was being utilized for an illegal business purpose ( see 88-09 Realty LLC. v Hill, 305 AD2d 409; New York City Hous. Auth. v Otero , 5 Misc 3d 134 [A], 2004 NY Slip Op 51454[U]). Moreover, in light of the amount and nature of the contraband recovered, the trial evidence gave rise to an inference that tenant knew or should have known of the illegal drug-related use of her apartment ( see 88-09 Realty, LLC v Hill, supra; New York County Dist. Attorney's Office v Robinson, 27 Misc 3d 137 [A], 2010 NY Slip Op 50869[U]; Royal Charter Prop., Inc. v Vidal , 14 Misc 3d 139 [A], 2007 NY Slip Op 50283[U]; New York City Hous. Auth. v Otero, supra; cf. 855-79 LLC v Salas , 40 AD3d 553 ), an inference that tenant failed to rebut in her brief trial testimony.
Tenant's remaining arguments, one of which is unpreserved, are without substantial merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.