Tenant Can Conduct Pretrial Questioning of Managing Agent about IAIs from 1994

LVT Number: #31183

Tenant sued landlord for improper deregulation and rent overcharge. Tenant claimed that the building received J-51 tax benefits, so the apartment couldn't be deregulated under high-rent vacancy deregulation. Tenant also claimed that registration statements filed with the DHCR were false. Tenant sought to conduct an examination before trial (EBT) of a principal of landlord's management company, who might have personal knowledge concerning individual apartment improvements (IAIs) supposedly performed in the apartment in 1994. Landlord asked the court to prevent that EBT.