Landlord Can't Conduct Further Pretrial Questioning of Tenant

April 1, 2001

LVT Number: 14863

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Prior landlord sued to evict elderly rent-controlled tenant for nonprimary residence. After pretrial questioning and document production was done, new landlord asked for permission to conduct additional pretrial questioning concerning an eight-year period before the period in question. Landlord claimed that the documents produced by tenant showed she may have been away from the apartment for even longer than landlord realized.

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Prior landlord sued to evict elderly rent-controlled tenant for nonprimary residence. After pretrial questioning and document production was done, new landlord asked for permission to conduct additional pretrial questioning concerning an eight-year period before the period in question. Landlord claimed that the documents produced by tenant showed she may have been away from the apartment for even longer than landlord realized. The court ruled against landlord. Landlord didn't show sufficient need for additional questioning to prove its case. Landlord merely sought to conduct a fishing expedition, which wasn't the proper purpose of pretrial questioning.

34 Hillside Ave., LLC v. Zuniga: NYLJ, 4/4/01, p. 21, col. 4 (Civ. Ct. NY; Elsner, J)

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