Elmore v. Berti

This is a summary proceeding instituted by the landlord to recover possession of premises 43 East Fiftieth street, which were rented to the tenants herein to be used and occupied by the tenants as a club. In her petition the landlord claims that the premises had been used by the tenants for the purpose of conducting on the premises an illegal business, to wit, the selling, dealing and keeping of intoxicating liquors, in violation of the National Prohibition Law. The tenants, in their answer, did not deny the illegal use of the premises, but set up as affirmative defense *75knowledge on the part…