Summary
holding that "a landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction" where "the tenant's son (the party responsible for the claimed illegal activity) had vacated the apartment premises prior to commencement of the proceeding"
Summary of this case from Escalera v. New York Housing AuthorityOpinion
July 6, 1989
Appeal from the Civil Court of the City of New York, Bronx County, Howard F. Trussel, J.
Irving J. Panzer for appellant.
Novick, Edelstein, Lubell, Reisman, Wasserman Leventhal for respondent.
Final judgment entered July 18, 1988 reversed, with $30 costs, and the petition is dismissed.
Landlord failed to establish by prevailing evidence that the apartment premises was used or occupied for illegal purposes so as to warrant eviction of the section 8 tenant pursuant to RPAPL 711 (5). "The term 'use' of premises for illegal purposes implies doing of something customarily or habitually upon the premises" (Lituchy v Lathers, 35 Misc.2d 556, 557). Moreover, so far as the record indicates, the tenant's son (the party responsible for the claimed illegal activity) had vacated the apartment premises prior to the commencement of the proceeding.
OSTRAU, P.J., PARNESS and MILLER, JJ., concur.