Ill Tenant Can Answer Written Questions

March 1, 2003

LVT Number: 16384

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning of tenant. The court ruled for landlord in part. The court ruled that tenant only had to answer written questions and produce requested documents. Landlord appealed and lost. Since tenant was ill, the court properly limited the manner in which she could be questioned. The court also gave landlord permission to later ask for oral questioning if it was necessary and appropriate after tenant answered the written questions.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning of tenant. The court ruled for landlord in part. The court ruled that tenant only had to answer written questions and produce requested documents. Landlord appealed and lost. Since tenant was ill, the court properly limited the manner in which she could be questioned. The court also gave landlord permission to later ask for oral questioning if it was necessary and appropriate after tenant answered the written questions.

345-352 W. 56th St. Assocs. v. Marrero: NYLJ, 2/3/03, p. 19, col. 5 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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