Tenant Can Conduct Pretrial Questioning of Landlord

LVT Number: 14940

Landlord sued to evict rent-stabilized tenant to recover the apartment for use by landlord's son. Tenant asked the court to permit pretrial questioning of landlord. The court ruled for tenant. Landlord appealed and lost. Since the issue in the case was whether landlord had the good-faith intent to use the apartment for his son to live in, pretrial questioning of landlord was appropriate.

Landlord sued to evict rent-stabilized tenant to recover the apartment for use by landlord's son. Tenant asked the court to permit pretrial questioning of landlord. The court ruled for tenant. Landlord appealed and lost. Since the issue in the case was whether landlord had the good-faith intent to use the apartment for his son to live in, pretrial questioning of landlord was appropriate.

Miller v. Vosooghi: NYLJ, 4/18/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)