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

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. The person in question claimed that he had no personal knowledge about IAIs. The court ruled against landlord. Even if he lacked personal knowledge of the IAIs in question, he might be able to shed light on a possible fraudulent scheme by landlord to deregulate tenant's apartment. The court also denied tenant's request for self-executing preclusion language, if the EBT didn't take place.

Jakielek v. 260 Partners LP, Index No. 161176/2017, 2020 NY Slip Op 34170(U), NYLJ No. 1609156997 (Sup. Ct. NY; 12/16/21; Bluth, J)