Cohen v. Carroll

These proceedings are brought by petitioner, a sublandlord to recover possession of the retail store premises known as 224 West 42nd Street in Manhattan. Proceeding under subdivision 5 of section 711 of the Real Property Actions and Proceedings Law petitioner charges that respondents, an original undertenant and an assignee respectively, were and are using and occupying the premises for an illegal trade or business, in this instance for the continuous sale and distribution of obscene material in violation of section 235.05 of the Penal Law, [as it was at all times pertinent here], petitioner…