Occupant Claiming Pass-on Rights Not Entitled to Pretrial Questioning

September 19, 2015

LVT Number: #26482

Landlord sued to evict apartment occupant who claimed succession rights after rent-stabilized tenant died. The court granted landlord’s request to conduct pretrial questioning but denied occupant’s reciprocal request. Occupant appealed and lost. Occupant failed to demonstrate “ample need” for discovery to ascertain landlord’s knowledge of her residence in the apartment. 

 

 

Landlord sued to evict apartment occupant who claimed succession rights after rent-stabilized tenant died. The court granted landlord’s request to conduct pretrial questioning but denied occupant’s reciprocal request. Occupant appealed and lost. Occupant failed to demonstrate “ample need” for discovery to ascertain landlord’s knowledge of her residence in the apartment. 

 

 

Ludor Properties LLC v. Brito: 48 Misc.3d 142(A), 2015 NY Slip Op 51261(U) (App. T. 1 Dept.; 8/24/15; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)

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