Landlord Who Didn't Appear for Pre-Trial Questioning Can't Testify at Trial

LVT Number: #30088

Tenant sued landlord after she was injured when her apartment bathroom ceiling collapsed and struck her. Tenant asked the court to bar landlord from offering trial testimony because landlord failed to appear for pretrial questioning. The court ruled for tenant and denied landlord's request to reconsider. Landlord appealed and lost. Landlord had failed to comply with a prior court order to produce the building owners' principal for pretrial questioning. This was willful, disobedient conduct that required preclusion of landlord's testimony at trial.

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Morson v. 5899 Realty, LLC: Index No. 2017-08523 (517/11), 2019 NY Slip Op 02702 (App. Div. 2 Dept.; 4/10/19; Balkan, JP, Chambers, Roman, Hinds-Radix, JJ)