518 W. 184th St. LLC v. Guzman

• Decision Date: 02 March 2015
• Docket Number: 570214/13
• Citation: 7 N.Y.S.3d 818,2015 N.Y. Slip Op. 25066,47 Misc.3d 59
• Parties: 518 WEST 184TH STREET LLC, Petitioner–Landlord–Respondent, v. Vircia GUZMAN, Respondent–Tenant–Appellant, and David Guzman, Respondent–Undertenant.
• Court: New York Supreme Court — Appellate Term

47 Misc.3d 59
7 N.Y.S.3d 818
2015 N.Y. Slip Op. 25066

518 WEST 184TH STREET LLC, Petitioner–Landlord–Respondent
v.
Vircia GUZMAN, Respondent–Tenant–Appellant
and
David Guzman, Respondent–Undertenant.

570214/13

Supreme Court, Appellate Term, First Department, New York.

March 2, 2015.

7 N.Y.S.3d 818

Law Office of Stuart I. Jacobs, Brooklyn (Shorab Ibrahim of counsel), for respondent.

Vircia Guzman, appellant pro se.

PRESENT: SCHOENFELD, J.P., HUNTER, JR., LING–COHAN, JJ.

Opinion

PER CURIAM.

47 Misc.3d 60

Final judgment (Laurie L. Lau, J.), entered on or about August 30, 2012, reversed, without costs, and final judgment awarded in favor of tenant dismissing the holdover petition. Appeal from order (Laurie L. Lau, J.), entered on or about August 29, 2012, dismissed, without costs, as subsumed in the appeal from the final judgment, and appeal from order, same

7 N.Y.S.3d 819

court and Judge, entered on or about January 11, 2013, dismissed, without costs, as academic and abandoned.

Evidence adduced at the trial of this illegal use holdover proceeding established the following. Based largely upon surveillance video depicting “a lot of traffic at the door” of the tenant's first-floor stabilized apartment, police obtained and executed a search warrant for the apartment. The ensuing search revealed the presence of $258 in cash, a number of empty plastic bags, and four unlabeled pill bottles containing upwards of 400 pills, with only one such pill testing positive as an illegal drug (Alprazolam, also know as Xanax). Tenant's adult son, David, in whose bedroom the vouchered pills were found, was thereupon arrested and ultimately pled guilty to a misdemeanor drug possession charge, after admitting in a written confession that, in addition to taking Xanax to inhibit panic attacks, he also sold the drug (where was not stated) to earn “a little extra money.”

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