Landlord Can Conduct Pretrial Questioning

January 1, 1999

LVT Number: 12903

Landlord sued to evict tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning of tenant. The court ruled against landlord, and landlord appealed and won. Pretrial questioning is generally allowed in nonprimary residency cases when the need is shown. In addition, tenant's request for pretrial questioning was properly denied. Tenants aren't entitled to pretrial questioning to obtain information relating to landlord's knowledge of their nonprimary residence.

Landlord sued to evict tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning of tenant. The court ruled against landlord, and landlord appealed and won. Pretrial questioning is generally allowed in nonprimary residency cases when the need is shown. In addition, tenant's request for pretrial questioning was properly denied. Tenants aren't entitled to pretrial questioning to obtain information relating to landlord's knowledge of their nonprimary residence.

New York Life Ins. Co. v. Durcekova: NYLJ, p. 25, col. 2 (12/1/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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