Court Grants Tenant's Request for Pre-Trial Document Production

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that tenant created loud noises by arguing and screaming or by letting her children bang on walls. Landlord also claimed that tenant caused spitting, loitering, and littering. Landlord didn't claim that tenant herself engaged in the objectionable conduct. Tenant asked the court for permission to conduct pretrial questioning in the form of document production and a deposition of an agent of landlord who had personal knowledge and was responsible for managing the building.

The court ruled for tenant in part since she showed "ample need" for discovery. Landlord didn't claim that tenant was involved in any of the claimed incidents, and tenant denied any specific knowledge of those incidents. There was no showing that granting limited discovery would cause more than minimal delay to the proceeding. Landlord in fact spent eight weeks opposing tenant's discovery request rather than producing documents that could support its claim. The court granted tenant's request for document production, but denied her request to conduct pre-trial questioning of landlord's managing agent. 

50th St. HDFC v. Abdur-Rahim: Index No. 309170/20, 2021 NY Misc. LEXIS 4116 (Civ. Ct. Kings; 7/26/21; Weisberg, J)