Landlord Can Question Apartment Occupant Before Trial

April 12, 2013

LVT Number: #24718

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord named another apartment occupant as a party to the proceeding and asked the court for permission to conduct pretrial questioning of the occupant. The court ruled against landlord, who appealed and won. Tenant had been evasive and denied knowledge or information of the occupant's presence in the apartment. Landlord showed "ample need" for discovery relating to the occupant, who clearly had particular knowledge that could shed light on how much tenant used the apartment.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord named another apartment occupant as a party to the proceeding and asked the court for permission to conduct pretrial questioning of the occupant. The court ruled against landlord, who appealed and won. Tenant had been evasive and denied knowledge or information of the occupant's presence in the apartment. Landlord showed "ample need" for discovery relating to the occupant, who clearly had particular knowledge that could shed light on how much tenant used the apartment. Landlord's request for pretrial questioning wasn't overbroad, and was granted.

117 Limited Partnership v. Wagenberg: 38 Misc.3d 147(A), 2013 NY Slip Op 50356(U) (App. T. 1 Dept.; 3/12/13; Torres, JP, Schoenfeld, Shulman, JJ)

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