Landlord Can Conduct Pretrial Questioning of Tenant

(Decision submitted by Edward Paul Alper of the Manhattan law firm of Kucker & Bruh, LLP, attorney for the landlord.) Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant was tenant's daughter and claimed pass-on rights. Landlord asked the court for permission to conduct pretrial questioning concerning the daughter's occupancy of the apartment. The court ruled against landlord, finding that landlord didn't offer any proof to support its claim that occupant was only tenant's licensee. Landlord appealed and won. Landlord should be permitted to conduct pretrial questioning in connection with occupancy issues raised by occupant's pass-on claim. Facts concerning the daughter's residence, the period she lived in the apartment with tenant, and the use she made of the apartment are within occupant's knowledge. The case was sent back for further proceedings.

217 E. 82nd St. Co. v. Perko: NYLJ, 2/13/06, p. 26, col. 3 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)