Landlord Can't Get Loft Tenant's Juror Records

June 17, 2019

LVT Number: #30148

Landlord sued the court's commissioner of jurors, seeking disclosure of loft tenant's home and mailing addresses, as well as tenant's dates of jury service. The court ruled against landlord, who appealed and lost. To benefit from Multiple Dwelling Law protections, loft tenant had to prove that the loft was his residence or home between Jan. 1, 2008, and Dec. 31, 2009. Tenant had claimed before the Office of Administrative Trials and Hearings (OATH) that he served on two juries and that his jury summonses were mailed to the loft premises.

Landlord sued the court's commissioner of jurors, seeking disclosure of loft tenant's home and mailing addresses, as well as tenant's dates of jury service. The court ruled against landlord, who appealed and lost. To benefit from Multiple Dwelling Law protections, loft tenant had to prove that the loft was his residence or home between Jan. 1, 2008, and Dec. 31, 2009. Tenant had claimed before the Office of Administrative Trials and Hearings (OATH) that he served on two juries and that his jury summonses were mailed to the loft premises. Landlord claimed that therefore the jury records were relevant to the case. But Judiciary Law Section 509(a) makes jury records confidential. And, since landlord's sole reason for seeking the juror records was to impeach tenant's testimony, this wasn't sufficient reason to lift the shield from juror information in this case. 

A. Trenkmann Estate, Inc. v. Tingling: Index No. 9038, 2019 NY Slip Op 03923 (App. Div. 1 Dept.; 5/21/19; Richter, JP, Manzanet-Daniels, Kahn [dissenting], Gesmer, Oing, JJ)

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