Landlord Can Conduct Pretrial Questioning

December 1, 1995

LVT Number: 10191

Landlord co-op corporation sublet apartment after rent-stabilized tenant died. Tenant's mother sued landlord, claiming that she had pass-on rights to the apartment. She also claimed prior landlord gave her a lease in her own name in July 1993. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and ruled for landlord.

Landlord co-op corporation sublet apartment after rent-stabilized tenant died. Tenant's mother sued landlord, claiming that she had pass-on rights to the apartment. She also claimed prior landlord gave her a lease in her own name in July 1993. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and ruled for landlord. Landlord could conduct questioning on the issues relating to mother's connection with the apartment, how long she lived there and whether she gave up the apartment.

Picon v. Kaile: NYLJ, p. 30, col. 3 (11/2/95) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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