Landlord Can't Conduct Pretrial Questioning in Illegal Sublet Case

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Tenant claimed that he wasn't subletting. He said that he had lived in the apartment since 1977 and that he merely allowed his daughter and her children to stay there, while he stayed much of the time with another daughter in Orange County. The daughter who was staying in the apartment had grown up there and was separated from her husband. Tenant continued to pay the rent to landlord. Landlord asked the court for permission to conduct pretrial questioning.
The court ruled against landlord. There were many prior court rulings in other cases that pretrial questioning shouldn't be allowed in illegal sublet cases. And landlord didn't show ample need for the specific information. Landlord claimed that tenant assigned his rights to the apartment to his daughter. This should be the subject of a nonprimary residence proceeding, which landlord could commence in the future.

ERCO Realty LLC v. Venero: NYLJ, 7/2/08, p. 30, col. 3 (Civ. Ct. NY; Sikowitz, J)