Evidence Obtained by Improper Subpoenas Can't Be Used

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Shortly after starting the court case, landlord sent subpoenas to tenant, as well as to Con Ed, Verizon, NYCHA, and a bank, seeking the production of documents. The bank sent its records concerning tenant's account to the court records room. Landlord's attorney made copies of the documents there, but didn't advise tenant's attorney that he had served the subpoenas or that the documents were available. Soon after, tenant's attorney moved to quash the documents. Landlord's attorney claimed that they were for trial purposes, and tenant withdrew the demand to quash the records. A few months later, tenant appeared for pretrial questioning. Landlord's attorney tried to question tenant about information contained in the bank records. Tenant then asked the court to suppress this evidence so that landlord couldn't use it at trial. The court ruled for tenant. Through the subpoenas, landlord's attorney obtained more information than would probably have been permitted through pretrial questioning. Landlord got bank records for a three-year period, and none were redacted to delete the names of nonparties. Tenant was deprived of the right to object to the use of any of the documents. Therefore, landlord couldn't use any of these documents to prove its case at trial. The court denied tenant's request to impose sanctions against landlord's attorney.

Extell 609 West 137th Street LLC v. Bonilla-Morel: NYLJ, 10/1/08, p. 27, col. 3 (Civ. Ct. NY; Schneider, J)