Tenant Can Conduct Pretrial Questioning

April 30, 1999

LVT Number: 13235

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and said that landlord hadn't corrected Housing Code violations it had notice of. Landlord claimed it would cost $500,000 to repair the building and had offered to relocate tenant. She had school-age children and didn't want to move to another neighborhood. Tenant asked the court to permit pretrial questioning. The court ruled for tenant. Tenant wasn't merely using this as a ''fishing'' tactic but was seeking legitimate information.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and said that landlord hadn't corrected Housing Code violations it had notice of. Landlord claimed it would cost $500,000 to repair the building and had offered to relocate tenant. She had school-age children and didn't want to move to another neighborhood. Tenant asked the court to permit pretrial questioning. The court ruled for tenant. Tenant wasn't merely using this as a ''fishing'' tactic but was seeking legitimate information. The court limited pretrial questioning to written questions concerning the economic feasibility of making repairs and the value of the building.

City of New York v. Cordero: NYLJ, p. 29, col. 4 (4/14/99) (Civ. Ct. Kings; Sikowitz, J)

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