Landlord Can Question Tenant Before Trial

September 30, 1996

LVT Number: 10911

Landlord sued to evict tenant for nonprimary residence. Landlord asked for permission to question tenant before trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and ruled for landlord. The proof necessary to prove whether the apartment was tenant's primary residence was primarily within tenant's knowledge. Landlord was entitled to question tenant before trial.

Landlord sued to evict tenant for nonprimary residence. Landlord asked for permission to question tenant before trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and ruled for landlord. The proof necessary to prove whether the apartment was tenant's primary residence was primarily within tenant's knowledge. Landlord was entitled to question tenant before trial.

390 West End Assocs., L.P. v. Fried: NYLJ, p. 25, col. 3 (9/4/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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