MATTER OF EBERHART v. WARD


161 A.D.2d 396 (1990)

In the Matter of Mark Eberhart et al., Petitioners, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 15, 1990


On December 23, 1986, the petitioners responded to a disturbance at 1082 Gerard Avenue. The building's superintendent and two tenants were in the hallway. The petitioners, the tenants, and the superintendent proceeded to apartment 4C where the disturbance was taking place. Upon entering the apartment, they met an unidentified male. The petitioners allowed the unidentified male to leave.

A search of the apartment produced drugs and an unaccounted amount of money. The...

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