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PHIN v. CITY OF NEW YORK

5475, 301299/13.

157 A.D.3d 553 (2018)

70 N.Y.S.3d 1

2018 NY Slip Op 00333

OLYN PHIN, Respondent, v. CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 18, 2018.

The evidence shows that plaintiff resided in and was the leaseholder of an apartment where contraband was discovered pursuant to a search warrant. Plaintiff's residence and tenancy established her dominion and control over the apartment, and thus placed her in constructive possession of the contraband found therein (see People v Diaz, 24 N.Y.3d 1187, 1190 [2015]; People v Manini,

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