Independent Psychiatric Exam of Tenant Not Needed

April 1, 2003

LVT Number: 16456

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After pretrial questioning, landlord asked the court for permission to conduct further questioning concerning tenant's mental condition. Tenant claimed he was away from the apartment for extended periods based on psychiatric disorders. Landlord sought an independent psychiatric exam of tenant. The court ruled against landlord. Landlord appealed and lost. Tenant already answered pretrial questions and produced documentary proof of his connection to the apartment.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After pretrial questioning, landlord asked the court for permission to conduct further questioning concerning tenant's mental condition. Tenant claimed he was away from the apartment for extended periods based on psychiatric disorders. Landlord sought an independent psychiatric exam of tenant. The court ruled against landlord. Landlord appealed and lost. Tenant already answered pretrial questions and produced documentary proof of his connection to the apartment. This addressed the relevant question of his primary residence. Further examination of tenant's mental condition wasn't sufficiently connected to the issues in the case to be warranted.

TOA Construction Co. v. Tsitsires: NYLJ, 3/26/03, p. 19, col. 1 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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