Landlord Can Conduct Pretrial Questioning of Occupant

January 1, 1999

LVT Number: 12898

Landlord sued to evict apartment occupant after tenant moved out. Occupant claimed pass-on rights to the apartment. Landlord asked the court for permission to conduct pretrial questioning to find out the facts. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord showed the need to find out the facts, especially whether occupant claiming pass-on rights had lived in the apartment with tenant for at least two years before tenant moved out.

Landlord sued to evict apartment occupant after tenant moved out. Occupant claimed pass-on rights to the apartment. Landlord asked the court for permission to conduct pretrial questioning to find out the facts. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord showed the need to find out the facts, especially whether occupant claiming pass-on rights had lived in the apartment with tenant for at least two years before tenant moved out.

Uvi Holdings, LLC v. Wu: NYLJ, p. 24, col. 4 (12/23/98) (App. T. 1 Dept.; Freedman, JP, Davis, Gonzalez, JJ)

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