Landlord Can Conduct Limited Pretrial Questioning
LVT Number: #20385
Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant admitted that she no longer lived in the apartment. But tenant and her brother claimed that he had pass-on rights. Landlord asked the court for permission to conduct pretrial questioning. The court ruled for landlord in part. The court said that landlord could question tenant but that she didn't have to produce documents relating to her occupancy of the apartment because that issue was no longer in dispute. The court also said that tenant's brother should produce documents requested by landlord dating back to 1994. Landlord appealed and lost. Landlord showed ample need to question tenant because she clearly had particular knowledge that could shed light on the occupancy issues raised by tenant's brother. But the lower court properly denied landlord's request for production of documents relating to tenant's residency.
88 Third Realty, LLC v. Li: NYLJ, 4/15/08, p. 33, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Heitler, JJ)