Judge Dakota D. Ramseur

Landlord sought possession of the commercial premises in this summary proceeding alleging tenant used, or allowed the premises to be used for an illegal trade or business. Tenant moved for summary judgment dismissing the petition. The petition alleged NYPD executed a search warrant and officers recovered, among other things, pills determined to be controlled substances, arresting tenant and charging him with possession of controlled substance, and with intent to sell. The District Attorney's office notified landlord the premises were likely used to facilitate an illegal drug trade, requesting it commence an eviction proceeding. Tenant asserted a general denial and affirmative defenses, including the action was defective for seeking termination of the tenancy without a predicate notice of termination. The court stated absent a rent stabilized tenancy, an illegal use proceeding under RPAPL §711(5) was statutory and did not require a predicate termination notice. As the petition was initiated at the DA's prompting, any termination was statutory and did not require a termination notice. Also, tenant failed to explain the distinction between terminated and voided as the petition's language provided sufficient notice the landlord/tenant relationship ended. Dismissal was denied.

Judge Dakota D. Ramseur