No Pretrial Questioning of Tenant's Girlfriend

May 31, 2004

LVT Number: 17362

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning of tenant's girlfriend. The court ruled against landlord. Landlord appealed and lost. Tenant's girlfriend wasn't a party to the court case and lived outside New York state. So the court couldn't force her to submit to pretrial questioning. However, if the girlfriend wouldn't volunteer to answer pretrial questions, tenant couldn't call her as a witness at trial.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning of tenant's girlfriend. The court ruled against landlord. Landlord appealed and lost. Tenant's girlfriend wasn't a party to the court case and lived outside New York state. So the court couldn't force her to submit to pretrial questioning. However, if the girlfriend wouldn't volunteer to answer pretrial questions, tenant couldn't call her as a witness at trial.

Blah, Blah, Blah Realty LLC v. Lazar: NYLJ, 5/21/04, p. 25, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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