WHGA Renaissance Apartments, L.P. v. Jackson

OPINION OF THE COURT

Final judgment, entered September 26, 2014, reversed, with $30 costs, and matter remanded to Civil Court for further proceedings consistent herewith. Appeal from order, dated July 30, 2014, dismissed, without costs, as subsumed in the appeal from the final judgment.

At the trial of this illegal use holdover proceeding (see RPAPL 711 [5]; Real Property Law § 231 [1]) “landlord ha[d] the burden to prove by a preponderance of the credible evidence that the subject premises were used to facilitate trade in drugs and that the tenant knew or should have known of the activities…