Landlord Can't Conduct Pretrial Questioning of Tenant

March 1, 1999

LVT Number: 13084

Landlord sued to evict tenant for illegally subletting the apartment. Landlord asked the court for permission to conduct pretrial questioning of tenant. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord sent its notice to cure in June 1998, but offered no proof that any unauthorized occupants lived in the apartment after August 1997. Landlord also had no proof to dispute tenant's showing that only immediate family members lived in the apartment with him since the cure period was over.

Landlord sued to evict tenant for illegally subletting the apartment. Landlord asked the court for permission to conduct pretrial questioning of tenant. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord sent its notice to cure in June 1998, but offered no proof that any unauthorized occupants lived in the apartment after August 1997. Landlord also had no proof to dispute tenant's showing that only immediate family members lived in the apartment with him since the cure period was over. Under the circumstances, landlord didn't show the ''ample need'' required for permission to conduct pretrial questioning.

The Hildes Partnership v. Kapit: NYLJ, p. 29, col. 2 (2/25/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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