Court Finds No Need for Pretrial Questioning

September 30, 2011

LVT Number: #23644

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Among other things, landlord claimed that tenant ran a washing machine in the apartment several times per week, causing flooding into the building basement. Tenant asked the court for permission to conduct pretrial questioning. Tenant claimed that landlord didn't name who its witnesses were. The court ruled against tenant, finding no ample need for discovery. Tenant was well aware of his own activities.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Among other things, landlord claimed that tenant ran a washing machine in the apartment several times per week, causing flooding into the building basement. Tenant asked the court for permission to conduct pretrial questioning. Tenant claimed that landlord didn't name who its witnesses were. The court ruled against tenant, finding no ample need for discovery. Tenant was well aware of his own activities. Landlord's termination notice also stated that its president and the building super had witnessed much of tenant's actions.

374 Eastern Parkway Common Owners Corp. v. Alberino: 32 Misc.3d 1240(A), NY Slip Op 51654(U) (Civ. Ct. Kings; 9/9/11; Fiorella, J)

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