MATTER OF 88-09 REALTY, LLC v. HILL


305 A.D.2d 409 (2003)

757 N.Y.S.2d 904

In the Matter of 88-09 REALTY, LLC, Respondent, v. PRISCILLA HILL, Appellant, et al., Respondents.

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

Decided May 5, 2003.


Ordered that the order is affirmed, without costs or disbursements.

RPAPL 711 (5) authorizes the commencement of a special proceeding to regain possession of leased premises where "the premises, or any part thereof, are used or occupied * * * for any illegal trade or manufacture, or other illegal business." It is not necessary that the tenant actually participate in the illegal activity; it is sufficient that "the acts and conduct complained of warrant the inference...

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