Nagle WashRite LLC, located at 228 Nagle Avenue, Manhattan. Image Credit: Google Maps.

New York City residents subjected to City nuisance laws alleged that the City violated their constitutional rights. The City of New York, in separate proceedings, charged Sung Cho, David Diaz, and Jameelah El-Shabazz with violating the City’s nuisance abatement law. Under the nuisance abatement law, the City has the authority to shut a business or vacate a residence for up to one year on proof that offenses such as drug or stolen property crimes have occurred on the premises. The City relied on this nuisance law when it charged Sung Cho with the sale of stolen electronics at Sung Cho’s laundromat, Nagle WashRite LLC, located at 228 Nagle Avenue in Manhattan. In a separate case, the NYPD had arrested and subsequently sought to evict David Diaz and his family members after cocaine was found being sold from his apartment. The City also relied on the nuisance abatement law as it sought to evict El-Shabazz and her son following an arrest for drug possession. (read more…)