88-09 Realty L.L.C. v. Hill

RPAPL 711 (5) provides that a summary proceeding may be maintained where “[t]he premises, or any part thereof, are used or occupied * * * for any illegal trade or manufacture, or other illegal business.” This court has held that “[i]n order to demonstrate ‘use’ of the premises for il*289legal purposes * * * a tenant must have knowledge of and acquiesce to the use of the demised premises for such an illegal activity” (Clifton Ct. v Williams, NYLJ, May 27, 1998, at 28, col 6 [App Term, 2d & 11th Jud Dists]). Because of the severity of the penalty — a forfeiture of the leasehold — this court has…