Landlord Can Question Tenant Before Trial

April 1, 1998

LVT Number: 12229

Landlord sued to evict tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord, and landlord appealed and won. Pretrial questioning is generally permitted in nonprimary residence cases. Also, tenant didn't formally object to landlord's request, and there is no harm to tenant by the delay that will be caused.

Landlord sued to evict tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord, and landlord appealed and won. Pretrial questioning is generally permitted in nonprimary residence cases. Also, tenant didn't formally object to landlord's request, and there is no harm to tenant by the delay that will be caused.

Robrose Pl., LLC v. Power: NYLJ, p. 25, col. 2 (3/25/98) (McCooe, JP, Freedman, Gonzalez, JJ)

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