Pre-Trial Questioning Limited to Two-Year Period Before Tenant Died

Landlord sued to evict rent-controlled tenant's family member some time after tenant died. The court granted landlord's request to conduct pretrial questioning. The family member appealed and won in part. Landlord showed it had "ample need" for document production since it was clear that the family member had particular knowledge that could shed light on the occupancy issues raised in connection with his succession claim. Relevant facts would include information concerning the occupant's residence, the period of co-occupancy with tenant, and the use made of the premises. But the lower court erred by extending to four years the relevant period for the documents requested, and the order was modified to limit the period for discovery sought to two years prior to the death of the tenant in September 1981. Since it's undisputed that the family members wasn't a senior citizen at the time of tenant's death, he wasn't entitled to the senior citizen one-year co-occupancy exception.

Almonte v. O'Neill: Index No. 570174/25, 2025 NY Slip Op 50976(U)(App. T. 1 Dept.; 6/16/25; Brigantti, JP, James, Perez, JJ)