Landlord Can Conduct Pretrial Questioning

LVT Number: 14276

(Decisions submitted by Santo Golino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) New landlord sued to evict tenant for making illegal alterations in his apartment. Tenant asked the court to dismiss the case without a trial, claiming that the prior building receiver had given tenant permission to make the necessary repairs. Landlord claimed that there were questions of fact and asked the court for permission to conduct pretrial questioning. The court ruled for landlord.

(Decisions submitted by Santo Golino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) New landlord sued to evict tenant for making illegal alterations in his apartment. Tenant asked the court to dismiss the case without a trial, claiming that the prior building receiver had given tenant permission to make the necessary repairs. Landlord claimed that there were questions of fact and asked the court for permission to conduct pretrial questioning. The court ruled for landlord. Tenant had information concerning the work done in the apartment, and landlord was entitled to more information.

221 W. 16th Realty LLC v. Munoz: Index No. 101294/98 Civ. Ct. NY 3/29/00; Milin, J)

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