Tenant Hospital Records May Prove When Granddaughter Moved into Apartment

December 15, 2015

LVT Number: #26659

Landlord sued to evict rent-stabilized tenant’s granddaughter after tenant died. At trial, landlord sought to introduce records from two hospitals showing tenant’s admissions in 2012 and 2013. The granddaughter objected and sought to bar these records from being put in evidence. The court ruled against the granddaughter. Tenant’s hospital records included a discharge plan stating that post-discharge tenant’s grandchild would move in to assist tenant. These documents were admissible as business records.

Landlord sued to evict rent-stabilized tenant’s granddaughter after tenant died. At trial, landlord sought to introduce records from two hospitals showing tenant’s admissions in 2012 and 2013. The granddaughter objected and sought to bar these records from being put in evidence. The court ruled against the granddaughter. Tenant’s hospital records included a discharge plan stating that post-discharge tenant’s grandchild would move in to assist tenant. These documents were admissible as business records. They were relevant because they indicated that the granddaughter moved into the apartment less than a year before tenant died.

 

 

 

50 Lefferts LLC v. Cole: 2015 NY Slip Op 25378, 2015 WL 7158822 (Civ. Ct. Kings; 11/6/15; Marton, J)

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