Landlord Can Question Tenant's Father and Health Aide
LVT Number: #23817
Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that he was living temporarily in Brooklyn to care for his elderly father. Landlord asked the court for permission to conduct pretrial questioning of tenant's father and the father's home health aide. The court ruled against landlord, who appealed and won. Landlord showed ample need for this additional discovery. Tenant's answers to pretrial questions were vague and incomplete. Landlord could ask pretrial questions of the father and health aide to obtain more information about his illness, medication regimen, and medical treatment. Questions to the father were limited to written interrogatories so as to accommodate his health concerns.
41 East 1st Street Rehab Corp. v. Pearson: NYLJ, 12/12/11, p. 21, col. 3 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter Jr., JJ)