Landlord Can Conduct Pretrial Questioning

July 31, 1998

LVT Number: 12535

Landlord sued to evict tenant for nonprimary residence. Tenant agreed to produce certain documents related to the case but didn't do so. Landlord then asked the court to permit pretrial questioning. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Pretrial questioning is generally permitted in nonprimary residence cases. There is no harm to tenant in doing so; it was landlord's case that would be delayed while the pretrial questioning took place.

Landlord sued to evict tenant for nonprimary residence. Tenant agreed to produce certain documents related to the case but didn't do so. Landlord then asked the court to permit pretrial questioning. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Pretrial questioning is generally permitted in nonprimary residence cases. There is no harm to tenant in doing so; it was landlord's case that would be delayed while the pretrial questioning took place.

Sacchetti v. Olmeda: NYLJ, p. 25, col. 2 (7/14/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)

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