Landlord Can Use Recent Videotape to Rebut Tenant's Claim

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant hadn't been seen at the building for six months and that she lived in another apartment in the city with her husband. At trial, the court agreed with tenant's initial objection to landlord's presentation of videotape evidence showing when tenant was at the building because the period covered was for six months in 2012 even though the nonrenewal notice was dated November 2009. But after tenant testified that she was at the building almost every day since 2008, the court agreed that landlord could introduce this evidence for rebuttal. But landlord must first provide tenant's attorney with a true and accurate copy of the videotape evidence before the next trial continuation date.

Beacon 109 245-251 LLC v. Van Dyke: 45 Misc.3d 1208(A), 2014 NY Slip Op 51499(U) (Civ. Ct. NY; 10/15/14; Kraus, J)