Court's Permission Not Needed for Trial Subpoenas

April 9, 2007

LVT Number: 19427

(Decision submitted by Susan Baumel-Cornicello, of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Landlord asked the court for permission to subpoena third parties for pretrial questioning. The court ruled against landlord. Landlord later issued subpoenas to third parties for appearance at trial. Tenant claimed that this violated the court's prior order. The court ruled for tenant and blocked landlord from issuing the subpoenas. Landlord appealed and won.

(Decision submitted by Susan Baumel-Cornicello, of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Landlord asked the court for permission to subpoena third parties for pretrial questioning. The court ruled against landlord. Landlord later issued subpoenas to third parties for appearance at trial. Tenant claimed that this violated the court's prior order. The court ruled for tenant and blocked landlord from issuing the subpoenas. Landlord appealed and won. Landlord's trial subpoenas didn't involve pretrial questioning. Landlord wasn't required to ask the court's permission before sending trial subpoenas.

1286-1290 First Ave., LLC v. Stern: NYLJ, 2/26/07, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)

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