Landlord Can Conduct Pretrial Questioning

March 1, 2000

LVT Number: 13953

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting. Landlord asked the court for permission to conduct pretrial questioning even before tenant answered the petition. The court ruled against landlord, finding that landlord couldn't show ample need for pretrial questioning without first knowing what tenant's answer was. Landlord asked the court to reconsider and pointed out that CPLR Section 3106(a) permitted pretrial questioning before an answer was filed.

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting. Landlord asked the court for permission to conduct pretrial questioning even before tenant answered the petition. The court ruled against landlord, finding that landlord couldn't show ample need for pretrial questioning without first knowing what tenant's answer was. Landlord asked the court to reconsider and pointed out that CPLR Section 3106(a) permitted pretrial questioning before an answer was filed. The court ruled for landlord.

Veltri v. Crystal: Index No. 111811/99 (12/29/99; Civ. Ct. NY; Hoffman, J) [5-pg. doc.]

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