Landlord Can Get Requested Documentation from Tenant's Bank

(Decision submitted by Sally E. Unger of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord issued subpoenas to some banks, seeking production of certain account records documenting tenant's relationship to the apartment. Tenant asked the court to bar landlord from getting the subpoenaed records. Tenant claimed that it was an invasion of his privacy. The court ruled against tenant. The documents belonged to the banks, not to tenant. And tenant didn't show that any legal privilege was being violated. The trial court could decide whether documents produced by the banks would be admissible evidence when introduced.

Foxboro Real Estate, Inc. v. Chernewski: L&T Index No. 62063/01 (10/25/02) [3-pg. doc.]