Court Grants Landlord's Request for Production of Tenant's Cell Phone Records

July 15, 2016

LVT Number: #27073

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant didn’t live in the apartment, and owned homes in Westchester County and Florida. Tenant claimed that she lived in the apartment and that her husband lived in Westchester. Landlord asked the court for permission to serve a discovery subpoena on Verizon in order to obtain tenant’s cell phone records. The court ruled for landlord. To some extent, cell phone records can identify tenant’s physical location when she used her cell phone.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant didn’t live in the apartment, and owned homes in Westchester County and Florida. Tenant claimed that she lived in the apartment and that her husband lived in Westchester. Landlord asked the court for permission to serve a discovery subpoena on Verizon in order to obtain tenant’s cell phone records. The court ruled for landlord. To some extent, cell phone records can identify tenant’s physical location when she used her cell phone. This information was relevant to landlord’s claim that tenant lived primarily in Florida.

 

 

 
7 East 86th Realty LLC v. Leof: 2016 NY Slip Op 50986(U), 2016 WL 3581672 (Civ. Ct. NY; 6/30/16; Kraus, J)

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