Disabled Tenant Can Conduct Pre-Trial Questioning

August 27, 2019

LVT Number: #30309

Landlord sued to evict tenant, whose tenancy was subject to the terms of a regulatory agreement between landlord and DOHMH, as well as a contract with OMH. Tenant claimed that landlord didn't comply with these agreements. She asked the court to permit pretrial questioning and document production from landlord. She said that she had mental and physical disabilities affecting her memory, and that her ability to contradict landlord's claims would be impaired if she couldn't examine landlord's proof of compliance and seek contradictory evidence, if it existed, before trial.

Landlord sued to evict tenant, whose tenancy was subject to the terms of a regulatory agreement between landlord and DOHMH, as well as a contract with OMH. Tenant claimed that landlord didn't comply with these agreements. She asked the court to permit pretrial questioning and document production from landlord. She said that she had mental and physical disabilities affecting her memory, and that her ability to contradict landlord's claims would be impaired if she couldn't examine landlord's proof of compliance and seek contradictory evidence, if it existed, before trial. The court ruled for tenant. Among other things, landlord need only disclose the identifies of anticipated expert witnesses. It didn't have to list other witnesses before trial.

Servs. for the Underserved v. Townes: Index No. 71723/18, NYLJ No. 1563790572 (Civ. Ct. Kings; 6/17/19; Harris, J)

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