Royal Charter Props., Inc. v Vidal

[*1] Royal Charter Props., Inc. v Vidal 2007 NY Slip Op 50283(U) [14 Misc 3d 139(A)] Decided on February 21, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570585/06.

Royal Charter Properties, Inc. Petitioner-Landlord- Respondent,

against

Vincente Vidal, Jonathan Vidal, Benny Polanco, Raly Salcana, and "John Doe/Jane Doe", Respondents-Tenants-Appellants.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), entered March 1, 2006, after a nonjury trial, which awarded possession to landlord in a holdover summary proceeding.

PER CURIAM:

Final judgment (Ernest J. Cavallo, J.), entered March 1, 2006, affirmed, with $25 costs.

Evidence at trial showed that pursuant to a search warrant, police entered tenant's apartment and recovered, among other items, over 100 individually wrapped bags of marijuana, a safe, heat sealer, small digital scale and numerous empty zip-lock bags. The arresting officer, based upon his extensive experience, characterized the marijuana found in the apartment as "packaged for sale." These demonstrated facts warranted the conclusion that the subject apartment was a focal point of illegal drug activities and that tenant "knew or should have known of the activities and acquiesced therein" (New York City Hous. Dev., LLC. v Arias, 11 Misc 3d 138[A] [2006]; see Matter of 88-09 Realty, LLC. v Hill, 305 AD2d 409 [2003]). This constitutes the decision and order of the court.
Decision Date: February 21, 2007