Trial Required

April 1, 2000

LVT Number: 13990

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial or, alternatively, to permit tenant to conduct pretrial questioning of landlord to find out what landlord knew about tenant's supposed other address. The court ruled for tenant in part, finding that a trial was required, but granting tenant's request for pretrial questioning. Tenant appealed and lost. The appeals court found that a trial was needed, but ruled that tenant hadn't shown the need for pretrial questioning.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without a trial or, alternatively, to permit tenant to conduct pretrial questioning of landlord to find out what landlord knew about tenant's supposed other address. The court ruled for tenant in part, finding that a trial was required, but granting tenant's request for pretrial questioning. Tenant appealed and lost. The appeals court found that a trial was needed, but ruled that tenant hadn't shown the need for pretrial questioning. Landlord, on the other hand, was entitled to conduct pretrial questioning on the issue of how much time tenant spent at the other address listed in landlord's termination notice.

Gallery Apts. Co. v. Horn: NYLJ, 3/1/00, p. 27, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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