Landlord Can Conduct Pretrial Questioning of Tenant

LVT Number: 9440

Landlord sued to evict tenant for nonprimary residence, and asked the court's permission to question tenant before trial. The court denied the request, and landlord appealed. The appeals court ruled for landlord, and gave it permission to conduct pretrial questioning. Landlord had more than one address for tenant, so pretrial questioning was a reasonable request. Also, landlord is the only party that could be prejudiced by delaying the case.

Landlord sued to evict tenant for nonprimary residence, and asked the court's permission to question tenant before trial. The court denied the request, and landlord appealed. The appeals court ruled for landlord, and gave it permission to conduct pretrial questioning. Landlord had more than one address for tenant, so pretrial questioning was a reasonable request. Also, landlord is the only party that could be prejudiced by delaying the case.

Tiglon Realty Corp. v. Roslin: NYLJ, p. 25, col. 3 (1/24/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)