Landlord Can Question Tenant Before Trial

February 1, 1996

LVT Number: 10333

Landlord sued to evict tenant for nonprimary residence. Landlord asked the court for permission to question tenant before trial. The court ruled against landlord on this issue and dismissed the case. Landlord appealed. The appeals court reopened the case and ruled for landlord. It was error to dismiss the case, and landlord was entitled to conduct pretrial questioning. The statements made by landlord's employees were sufficient to raise factual questions concerning tenant's primary residence.

Landlord sued to evict tenant for nonprimary residence. Landlord asked the court for permission to question tenant before trial. The court ruled against landlord on this issue and dismissed the case. Landlord appealed. The appeals court reopened the case and ruled for landlord. It was error to dismiss the case, and landlord was entitled to conduct pretrial questioning. The statements made by landlord's employees were sufficient to raise factual questions concerning tenant's primary residence.

615 Company v. Axelrad: NYLJ, p. 29, col. 2 (1/17/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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