Landlord Can't Conduct Pretrial Questioning

January 1, 2002

LVT Number: 15555

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenants for illegal subletting. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord. Landlord claimed that tenants were illegally subletting the apartment to their son while they primarily resided elsewhere. This wasn't a case where landlord needed pretrial questioning to discover who the subtenants were.

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenants for illegal subletting. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord. Landlord claimed that tenants were illegally subletting the apartment to their son while they primarily resided elsewhere. This wasn't a case where landlord needed pretrial questioning to discover who the subtenants were. And what landlord really seemed to be seeking questioning on was tenant's primary residence. This wasn't proper in an illegal sublet proceeding.

Metropolitan Life Ins. Co. v. Butler: NYLJ, 12/19/01, p. 24, col. 2 (Civ. Ct. NY; Schreiber, J)

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