Landlord Can Question Tenant's Son Before Trial

June 30, 1994

LVT Number: 8897

Landlord sued to evict rent-stabilized tenant's son after tenant died. Landlord claimed tenant's son had never lived in the apartment. Tenant's son argued that he'd lived there for years before his mother's death, and was entitled to a renewal lease. Landlord asked the court for permission to question the son before trial. The court denied the request, and landlord appealed. The appeals court ruled for landlord. Landlord proved ''ample need'' for questioning, since material facts regarding the son's residence in the apartment were in dispute.

Landlord sued to evict rent-stabilized tenant's son after tenant died. Landlord claimed tenant's son had never lived in the apartment. Tenant's son argued that he'd lived there for years before his mother's death, and was entitled to a renewal lease. Landlord asked the court for permission to question the son before trial. The court denied the request, and landlord appealed. The appeals court ruled for landlord. Landlord proved ''ample need'' for questioning, since material facts regarding the son's residence in the apartment were in dispute. Also, tenant's son wouldn't be prejudiced in any way.

14th Avenue Mgt. v. Patla: NYLJ, p. 30, col. 3 (6/20/94) (App. T. 2 Dept.; Kassoff, JP, Scholnick, Chetta, JJ)

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