Housing Court Decision Summaries
M.S. Housing Associates v. Williams
Nov. 3, 2006
Appellate Court:
Trial Court:
Civil Housing Court, New York County
Trial Judge:
Hon. Ruben Martino
Type of Action or Proceeding:
Holdover Proceeding – Illegal Drug Activity
Issues/Legal Principles:
Court held that it lacks the power to unseal sealed criminal records in drug holdover proceeding.
Source:
NYLJ 23:3, Nov. 3, 2006
Referred Statutes:
CPL §160.50
Summary:
Landlord commenced a holdover proceeding to evict the tenant on the basis of illegal drug activity. The police had searched the apartment pursuant to a warrant and seized various items constituting drugs and drug parephenalia. Subsequently all charges were dropped and the case sealed. The tenant moved to preclude any evidence created or seized during the search and to dismiss the proceeding. The landlord moved to unseal the criminal record. The Court held that Housing Court lacked the power to unseal criminal records. The Court further held that even if it had the power to unseal the records, it would not do so in this case because the landlord had not shown that it could get the information through other means and did not show a compelling need for the records. The tenant's motion to preclude evidence was granted, however the motion to dismiss was denied.
Notes:
Decision:
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