Landlord Can Submit Written Questions to Tenant

January 1, 1997

LVT Number: 11149

Landlord sued to evict elderly tenant for nonprimary residence. Tenant had sublet the apartment and was living in a nursing home. Landlord asked the court for permission to question tenant before trial. Among other things, landlord sought a physical and mental examination of tenant. Tenant claimed that landlord approved the sublet, that there was no need for questioning, and that landlord was seeking simply to harass tenant. The court ruled for landlord in part. Landlord was entitled to some degree of pretrial questioning in a nonprimary residence case.

Landlord sued to evict elderly tenant for nonprimary residence. Tenant had sublet the apartment and was living in a nursing home. Landlord asked the court for permission to question tenant before trial. Among other things, landlord sought a physical and mental examination of tenant. Tenant claimed that landlord approved the sublet, that there was no need for questioning, and that landlord was seeking simply to harass tenant. The court ruled for landlord in part. Landlord was entitled to some degree of pretrial questioning in a nonprimary residence case. The court limited landlord to submitting written questions to tenant and to getting copies of certain documents it had asked for (e.g., bank statements, Medicare statements). Landlord already had over 17 months to investigate tenant's nursing home and to determine the nature of the nursing home and the type of residents that live there.

Lewis v. Katzev: NYLJ, p. 29, col. 2 (12/11/96) (Civ. Ct. NY; Payne, J)

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