CITY RESIDENT SUES NEIGHBOR OVER DRUG ACTIVITY

Landlord Earlier Targeted Apartment With Sign

BINGHAMTON -- Damita Morrison is so fed up with the drug dealing going on
in her neighbor's apartment that she's suing him, charging that the action
is creating a nuisance, a fright, and piles of feces in her front yard.

Arthur Davis was served a summons earlier this week, ordering him to answer
Morrison's complaint in Broome County Court. Davis declined comment Friday.

"I think this may be a first," said Edward J. Kelley of Windsor, Morrison's
attorney. "Usually, it's the landlord who sues." Morrison, who like Davis
lives at 163 Susquehanna St., charges that Davis and his guests are so loud
at night that it disturbs not only her, but neighbors up and down the
street. Sexual solicitation occurs all around the property since Davis
became a tenant earlier this year, loiterers intimidate and frighten
neighbors, and Davis' guests vomit, urinate and defecate on the premises
and sidewalks, the lawsuit says.

And then there are the drugs and the drug raids. Two people were arrested
and charged in March following a police search of the property. Timothy
Bryant, 17, of Brooklyn, and Cain Mazyck, 18, of Brooklyn, were each
charged with third-degree possession of a controlled substance, a felony.
Davis was never arrested or charged.

That Davis has never been charged irks landlord Steven Menz. Earlier this
month, Menz nailed up signs advertising the availability of drugs at his
property in an effort to shame Davis into leaving. He began eviction
proceedings against Davis and expects Broome County sheriff's deputies to
serve an eviction notice Monday.

That's not soon enough for Menz, who wanted Davis out the day after the
March raid.

"In each case, the police had the opportunity to arrest Mr. Davis and they
didn't do it," Menz said.

He concedes that the charge would have been misdemeanor criminal nuisance,
unlikely to end Menz's problem.

But in the past month, the quality of life at 163 Susquehanna St. has
steadily declined, Menz said. Drug traffic eased while Menz's signs were
up, but increased after he removed them last week. "The porch is a complete
mess," Menz said, and he has noticed "guests" at 5 a.m. The guests,
Morrison's lawsuit claims, leave liquor bottles, rubbish and a variety of
bodily substances on the property -- more than before Menz posted his signs.

"One tenant is threatening to leave," Menz said. "Everybody in this
neighborhood has lived through this nightmare."

Morrison seeks unspecified damages, including attorney and court fees.

"She has ideal standing to sue this despicable crud," Kelley said. "This is
an ideal situation to ask for punitive damages, even if it's only symbolic."

Morrison states in her claim: "Even if they don't get his attention,
imposition of punitive damages might deter others, less incorrigible than
Davis, from befouling the community and subjecting their neighbors to such
vile acts and practices."