Landlord Can Ask Tenant and Occupant Questions Before Trial

July 31, 2004

LVT Number: 17492

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed pass-on rights. She said she was tenant's mother and had lived in the apartment with him. Landlord asked the court for permission to ask tenant and occupant questions before the trial. The court ruled for landlord in part, granting permission to question occupant. Landlord appealed and won. Landlord could also ask tenant questions before the trial because tenant had information concerning occupant's connection to the apartment while she supposedly lived with him.

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed pass-on rights. She said she was tenant's mother and had lived in the apartment with him. Landlord asked the court for permission to ask tenant and occupant questions before the trial. The court ruled for landlord in part, granting permission to question occupant. Landlord appealed and won. Landlord could also ask tenant questions before the trial because tenant had information concerning occupant's connection to the apartment while she supposedly lived with him.

The Bromley Co., LLC v. Rachman: NYLJ, 7/22/04, p. 24, col. 3 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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