Landlord Can Conduct Pretrial Questioning

April 30, 2005

LVT Number: 18063

Landlord sued to evict rent-stabilized tenants' son after tenants moved out. The son claimed pass-on rights. Landlord asked the court for permission to conduct pretrial questioning of the son. The court ruled against landlord. Landlord appealed and won. Landlord was entitled to ask questions concerning the son's residence. Although landlord's demand for document production was overbroad, landlord should be permitted to request documents, on a limited basis, concerning the son's place of residence.

Landlord sued to evict rent-stabilized tenants' son after tenants moved out. The son claimed pass-on rights. Landlord asked the court for permission to conduct pretrial questioning of the son. The court ruled against landlord. Landlord appealed and won. Landlord was entitled to ask questions concerning the son's residence. Although landlord's demand for document production was overbroad, landlord should be permitted to request documents, on a limited basis, concerning the son's place of residence.

QC-Quality and Ruskin Assocs. v. London: NYLJ, 4/29/05, p. 34, col. 4 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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