Court Sets Aside Jury Verdict in Eviction Case

LVT Number: #22317

Landlord of HUD housing sued to evict tenants for engaging in drug-related criminal activity in or near their apartment. The jury rendered a verdict in tenants' favor. Landlord asked the judge to set aside that verdict as contrary to the weight of the evidence. The court ruled for landlord. Before calling witnesses, landlord and tenant agreed that certain facts were true, including that tenants were arrested and convicted for possession of a controlled substance in the apartment. There was no issue of witness credibility raised at the trial.

Landlord of HUD housing sued to evict tenants for engaging in drug-related criminal activity in or near their apartment. The jury rendered a verdict in tenants' favor. Landlord asked the judge to set aside that verdict as contrary to the weight of the evidence. The court ruled for landlord. Before calling witnesses, landlord and tenant agreed that certain facts were true, including that tenants were arrested and convicted for possession of a controlled substance in the apartment. There was no issue of witness credibility raised at the trial. The evidence presented clearly proved drug-related criminal activity, which violated tenants' lease and entitled landlord to terminate the tenancy.

Jamie's Place I LLC v. Reyes: NYLJ, 11/27/09, p. 26, col. 1 (Civ. Ct. NY; Kennedy, J)