Legal Opinion

Kellner v. Cappellini

Civil Court of the City of New York

Decided November 18, 1986PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Peter Tom, J.

The epidemic of "crack” has saturated this city with such intensity that it was inevitable to reach housing litigation involving real properties being utilized for the sale and use of this deadly drug.

The petitioners brought on this summary proceeding pursuant to RPAPL 715 for an order of eviction of all occupants of a three-story brownstone located at 124 Manhattan Avenue, New York, New York, as being a "crack den.”

RPAPL 715 permits an owner of real property or a tenant of a demised premises which is located 200 feet from real property used in whole or in…

2Cases cited3 opinions

  1. 220 West 42 Associates v. CohenAppellate Terms of the Supreme Court of New York · 1969
  2. Murphy v. Relaxation Plus Commodore, Ltd.Appellate Terms of the Supreme Court of New York · 1975
  3. City of New York v. GoldmanCivil Court of the City of New York · 1974

3Cited by6 opinions

  1. Cook v. Edgewood Management Corp.District of Columbia Court of Appeals · 2003
  2. Escalera v. New York Housing AuthorityDistrict Court, S.D. New York · 1996
  3. 1165 Broadway Corp. v. Dayana of N.Y. Sportswear, Inc.Civil Court of the City of New York · 1995
  4. Kings County District Attorney's Office v. UnderwoodCivil Court of the City of New York · 1989
  5. New York County District Attorney's Office v. RodriguezCivil Court of the City of New York · 1988

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