Landlord Must Produce Key Fob Records

Landlord sued to evict tenants for creating or allowing a nuisance. Landlord claimed that there were four separate instances of loud banging noises within the apartment. The court granted tenants’ request for pretrial questioning, and tenant later asked for additional discovery concerning any documents relating to dates and times on which tenants or other apartment occupants entered the building using an electronic key fob. Tenants claimed that these records would support their defense that none of the apartment occupants were in the building at the time of the claimed incidents. The court ruled for tenants, finding that data obtained from the key fob system that detailed entry into the building was directly related to tenants’ defense. The court limited production of records to only the dates and times of the incidents claimed by landlord. 

Peru Leasing, LP v. Foronda: Index No. 74959/2015, NYLJ No. 1202755842251 (Civ. Ct. Queens; 4/6/16; Rodriguez, J)