Landlord Can Conduct Pre-Trial Questioning

LVT Number: 10003

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting or assignment. Landlord asked the court for permission to conduct pre-trial questioning of tenant and subtenant. The court ruled for landlord on this issue. There can be ''ample need'' for such questioning in illegal subletting cases; it wasn't limited to primary residence cases. Landlord had a good faith belief that tenant had another address and was illegally subletting the apartment.

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting or assignment. Landlord asked the court for permission to conduct pre-trial questioning of tenant and subtenant. The court ruled for landlord on this issue. There can be ''ample need'' for such questioning in illegal subletting cases; it wasn't limited to primary residence cases. Landlord had a good faith belief that tenant had another address and was illegally subletting the apartment.

60 E. 83rd St. Corp. v. Greene: Index No. 064922/95 (5/2/95) (Civ. Ct. NY; Bransten, J) [2-page document]

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