Two NYLAG Cases Published in the New York Law Journal

A recent case won by NYLAG Housing Project Attorney Shari Morris marked a victory for an abused woman facing eviction. ND, a victim of domestic violence, came home to an eviction notice on the door of her apartment. Her former partner and abuser had stopped paying the rent without warning, and the landlord obtained a judgment against him. Morris successfully argued that ND could not be evicted pursuant to this judgment because, despite the landlord’s knowledge that ND resided there, she was not named in the notice. After the landlord filed a second eviction petition, this time naming ND, Morris successfully argued that the new petition was defective in part because it covered a period of time for which the landlord had previously obtained the judgment against ND’s abuser. “Now she has a stable home for her and her children, which ultimately is the most important thing,” Morris stated. 320 Manhattan Ave LP v. Koita, 6/30/2010 N.Y.L.J. 26, (col 1)

In another case, NYLAG Housing Project Attorney Sunny Noh represented a single mother who was wrongfully accused of taking part in drug trafficking. In the Spring of 2009, the police executed a search warrant on MB’s home while her estranged brother, whom the police suspected of drug trafficking, was in the apartment. Another family member had allowed MB’s brother to enter the home without her knowledge, which led the police to suspect MB of collusion in his dealings. The search uncovered no evidence to support the claim of her involvement, yet the District Attorney directed MB’s landlord to file a holdover petition against her on the grounds that the house was being used as a staging ground for drug trafficking. Noh filed a motion to dismiss. “It can be a really messy case for someone, through no fault of their own,” said Noh. “The prosecution needs to be able to actually support this kind of claim.” The judge agreed with Noh that the evidence did not support the eviction petition and dismissed the case. Aimco 759 St. Nocholas, LLC v. Brown, 8/18/2010 N.Y.L.J. 1, (col. 1)