Landlord Can Get Tenant's E-Z Pass Records

April 1, 2002
LVT Number: 15720

(Decision submitted by Joseph J. Farca of the Manhattan law firm of Borah Goldstien Altschuler Schwartz & Nahins, PC, attorneys for the landlord.)

Landlord sued to evict tenant from rent-stabilized apartment based on nonprimary residence. Landlord subpoenaed E-Z Pass records to help prove that tenant primarily resided in Easthampton, Long Island. The Triborough Bridge and Tunnel Authority asked the court to quash the subpoena, claiming that it had a privacy interest in the records. The court ruled against the authority. The state legislature didn't exclude relevant E-Z Pass records from production in court cases. The authority must make the records available to landlord.

Marcus v. Mandel: Index No. 123169/99 (Sup. Ct. NY 3/6/02; York, J.) [1-pg. doc.]

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