Landlord Can Get Tenant's Records

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case before a trial, claiming that landlord had improperly subpoenaed certain records, such as banking records, which it sought to submit to the court. The court ruled against tenant. Landlord's attorneys were authorized by law to issue trial subpoenas and had requested production of documents from the subpoenaed companies on potential trial dates. The records landlord sought to produce at the trial were relevant to the issue of tenant's primary residence and were consistent with documents that the court had already directed tenant to produce in pretrial questioning.

Windsor Partnership v. Olsen: L&T Index No. 109609/99 (Civ. Ct. Kings 1/12/00; Thomas, J) [5-pg. doc.]