Landlord Can't Subpoena President of Tenant's Association

November 1, 1997

LVT Number: 11885

Landlord sued tenants and sent a subpoena to the president of the tenants' association, who wasn't a party in the case, demanding production of certain documents in connection with two DHCR service-reduction cases brought by the tenants' association. Tenants asked the court to quash the subpoena because landlord didn't first make a motion advising all parties, as required by CPLR 3120(b). Tenants claimed that landlord's attorneys were engaged in an improper fishing expedition. The court ruled for tenants, quashed landlord's subpoena, and dismissed the case.

Landlord sued tenants and sent a subpoena to the president of the tenants' association, who wasn't a party in the case, demanding production of certain documents in connection with two DHCR service-reduction cases brought by the tenants' association. Tenants asked the court to quash the subpoena because landlord didn't first make a motion advising all parties, as required by CPLR 3120(b). Tenants claimed that landlord's attorneys were engaged in an improper fishing expedition. The court ruled for tenants, quashed landlord's subpoena, and dismissed the case. The court also ordered a hearing on whether sanctions against landlord's attorneys were warranted.

Brussels Leasing L.P. v. Henne: NYLJ, p. 33, col. 6 (10/20/97) (Sup. Ct. Queens; Goldstein, J)

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