Landlord Can Question Tenant Before Trial

February 1, 1997

LVT Number: 11264

Landlord sued to evict tenant for illegal subletting. Landlord asked the court for permission to question tenant before trial. The trial court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord had already presented sworn statements that tenant had illegally sublet or assigned the rent-stabilized apartment to unknown persons. Landlord had shown the need to question tenant as to the occupancy and use of the apartment and the identity of the present occupants and their relationship to tenant.

Landlord sued to evict tenant for illegal subletting. Landlord asked the court for permission to question tenant before trial. The trial court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord had already presented sworn statements that tenant had illegally sublet or assigned the rent-stabilized apartment to unknown persons. Landlord had shown the need to question tenant as to the occupancy and use of the apartment and the identity of the present occupants and their relationship to tenant.

Wong v. Khoo: NYLJ, p. 27, col. 3 (1/23/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freed- man, JJ)

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