Landlord Can Conduct Pretrial Questioning

July 31, 2011

LVT Number: #23534

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Another apartment occupant claimed succession rights. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord, who appealed and won. Landlord showed ample need to question tenants and occupant about their residence, period of co-occupancy, and use of the apartment, which were within their particular knowledge and could shed light on the occupancy issues raised in connection with occupant's succession claim.

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Another apartment occupant claimed succession rights. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord, who appealed and won. Landlord showed ample need to question tenants and occupant about their residence, period of co-occupancy, and use of the apartment, which were within their particular knowledge and could shed light on the occupancy issues raised in connection with occupant's succession claim.

656 West Realty, LLC v. Blanco: 32 Misc.3d 128(A), 2011 NY Slip Op 51254(U) (App. T. 1 Dept.; 7/6/11; Shulman, JP, Schoenfeld, Torres, JJ)

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