Landlord Can Conduct Pretrial Questioning

June 30, 2003

LVT Number: 16660

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning. The court ruled for landlord. Tenant appealed and lost. Pretrial questioning in primary residence cases generally is permitted. And the court gave careful instructions about the questioning, in response to tenant's health concerns.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning. The court ruled for landlord. Tenant appealed and lost. Pretrial questioning in primary residence cases generally is permitted. And the court gave careful instructions about the questioning, in response to tenant's health concerns.

Guttman v. Muschel: NYLJ, 6/6/03, p. 21, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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