Alexander Hymowitz: 1440 G. Pacific Realty Corp. v. McCurdy

Alexander Hymowitz: 1440 G. Pacific Realty Corp. v. McCurdy

 Alexander Hymowitz Overview The court threw out the Petitioners claim that the respondent had breached Real Property Law [RPL] §231(1) and Real Property Actions and Proceedings Law [ RPAPL] §§ 711(5) and 715(1) on the grounds that the Petitioner has failed to state a cause of action and improperly served the Respondent. The law prohibits “using or permitting the subject premises to be used for an immoral or illegal purpose and for an illegal trade or business to wit: the illegal possession and/or sale of a controlled substance(s) and that the subject apartment, or any part thereof, is used or occupied for purposes of the illegal possession, packaging, sale, trade or manufacture of a controlled substance(s), or, for other illegal business of or relating to controlled substance(s).” Although this case was dismissed, this case exemplifies the importance of licensing prior to starting production. Furthermore, this case shows the importance of being on good terms with your landlord as they can make your life very difficult, especially as growers, producers, or cultivators. Background On July 19, 2002, pursuant to a search warrant, the respondent was arrested at 1432 Pacific Street, Brooklyn, New York 11213, and charged with (1) growing the plant known as cannabis by unlicensed persons[1]; (2) criminal possession of a controlled substance in the second degree[2]; and criminal possession of marijuana in the first degree.[3] As a result of that arrest, the Office of the District Attorney, in a letter dated January 6, 2004, notified the petitioner’s attorney that there was “clear evidence that the premises were being used for the illegal business of selling narcotics” and “urging” the petitioner to “initiate eviction proceeding against the tenant.” Issue The issue, in this case, was procedural at its core. The question was: If this matter is voluntarily discontinued must it be with prejudice…

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Source : Alexander Hymowitz: 1440 G. Pacific Realty Corp. v. McCurdy

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