Landlord Can Conduct Pretrial Questioning

July 31, 1998

LVT Number: 12532

Landlord sued to evict rent-regulated tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. There is a presumption that pretrial questioning is necessary in this type of case so the court should have granted landlord's request. There is no harm to tenant by permitting the pretrial discovery since it's landlord's case that will be delayed.

Landlord sued to evict rent-regulated tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. There is a presumption that pretrial questioning is necessary in this type of case so the court should have granted landlord's request. There is no harm to tenant by permitting the pretrial discovery since it's landlord's case that will be delayed.

Hart v. Blackwood: NYLJ, p. 21, col. 2 (7/23/98) (App. T. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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