D.A. Can't Act as Landlord's Co-Counsel

Landlord sued to evict tenant for using his apartment for illegal purposes. Landlord claimed that tenant was manufacturing narcotics in the apartment. Landlord was represented by a private attorney. But the District Attorney (D.A.) also filed a notice of appearance as landlord's co-counsel. Tenant argued that the D.A. should be disqualified from appearing on landlord's behalf. The court ruled for tenant. Under the "bawdy house law," the D.A. could order landlords to start eviction proceedings against tenants engaged in illegal activity. But Real Property and Proceedings Law Section 715 barred the D.A. from serving as counsel to landlord in eviction proceedings. The D.A. was a government attorney, didn't work for landlord, and the public should not be given the impression that he did.

Dennis Lane Apartments Inc. v. Green: NYLJ, 9/2/08, p. 18, col. 1 (Civ. Ct. Bronx; Alterman, J)