Landlord Can Conduct Pretrial Questioning

January 26, 2015

LVT Number: #25934

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant admitted he moved out of the apartment in October 2011. But tenant's brother claimed that he lived in the apartment as his primary residence and had succession rights. Landlord asked the court for permission to conduct pretrial questioning. Tenant claimed that his brother suffered from a mental disability that would make it difficult to question him. A psychiatrist supported tenant's claim. The court ruled for tenant in part.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant admitted he moved out of the apartment in October 2011. But tenant's brother claimed that he lived in the apartment as his primary residence and had succession rights. Landlord asked the court for permission to conduct pretrial questioning. Tenant claimed that his brother suffered from a mental disability that would make it difficult to question him. A psychiatrist supported tenant's claim. The court ruled for tenant in part. Landlord could serve written questions on the brother, could conduct pretrial questioning of tenant, and could demand production of documents for the two-year period immediately before tenant moved out in October 2011.

551 Hudson Street Property LLC v. Rios: Index No. L&T 91743/13, NYLJ No. 1202713072149 (Civ. Ct. NY; 12/5/14; Gonzalez, J)

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