Court Permits Limited Pre-Trial Questioning in Connection with Rent Fraud Claim

October 26, 2023

LVT Number: #32915

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court for permission to conduct discovery. She claimed rent overcharge and said there were questions about fraud because landlord misrepresented facts as to the legality of the apartment's registered rent. The court ruled for tenant in part, deciding that landlord should respond to tenant's request for documents. Both sides were represented by attorneys.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court for permission to conduct discovery. She claimed rent overcharge and said there were questions about fraud because landlord misrepresented facts as to the legality of the apartment's registered rent. The court ruled for tenant in part, deciding that landlord should respond to tenant's request for documents. Both sides were represented by attorneys. The court found that the requested documents went straight to the fraud allegations and the information requested was carefully tailored to go towards the fraud claim.

West 140 LLC v. Zeigler: Index No. 308925/2022, 2023 NY Slip Op 33663(U), NYLJ No. 1695422437 (Civ. Ct. NY; 9/11/23; Gonzalez, J)

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