Landlord Can Conduct Pretrial Questioning Regarding Subtenants

August 31, 2009

LVT Number: #22118

Landlord sued to evict rent-stabilized tenant for illegally subletting the apartment to an ever-changing group of people. Landlord asked for permission to conduct pretrial questioning. The court ruled against landlord. Landlord appealed and won. Since only tenant knew the identity of the apartment occupants and the nature of the financial and living arrangements they had, landlord was entitled to limited pretrial questioning.

Landlord sued to evict rent-stabilized tenant for illegally subletting the apartment to an ever-changing group of people. Landlord asked for permission to conduct pretrial questioning. The court ruled against landlord. Landlord appealed and won. Since only tenant knew the identity of the apartment occupants and the nature of the financial and living arrangements they had, landlord was entitled to limited pretrial questioning.

494 Hudson, LLC v. Estey: NYLJ, 8/25/09, p. 32, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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