Landlord Can't Get Additional Documents

July 31, 1999

LVT Number: 13414

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the trial court for permission to conduct pretrial questioning and to demand documents from witnesses other than tenant, including tenant's wife. The court ruled against landlord. Landlord appealed and lost. Landlord had already conducted pretrial questioning of tenant, and tenant had produced many documents related to the case. Landlord didn't show that there was ''ample need'' to get additional documents from other witnesses.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the trial court for permission to conduct pretrial questioning and to demand documents from witnesses other than tenant, including tenant's wife. The court ruled against landlord. Landlord appealed and lost. Landlord had already conducted pretrial questioning of tenant, and tenant had produced many documents related to the case. Landlord didn't show that there was ''ample need'' to get additional documents from other witnesses.

Drewvin Building Corp. v. Busoni: NYLJ, p. 28, col. 4 (7/7/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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