Landlord Claims Tenant's Son Uncooperative in Pretrial Questioning

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed that he had lived in the apartment for 38 years before tenant died in March 2012. The court granted landlord's request to conduct pretrial questioning of the son. The son complied with only some of landlord's requests for documents. In a deposition, he stated that he worked in the apartment as a freelance and unlicensed hairdresser off the books, had never owned a car or filed taxes, and had no passport, bank accounts, telephone bills, insurance policies, or driver's license. Landlord then asked the court to strike the son's answer to the eviction petition, claiming that he hadn't cooperated with the pretrial questioning.

The court ruled against landlord. There was no proof of any willful or obstructive conduct by the son. He did provide copies of his birth certificate, Social Security card, NY State ID card, his mother's death certificate, a 2010 lease renewal form with his name added, 2009 food stamps decision, 2011 tax offset letter, and a 2011 Brooklyn Family Court Support Order. Even if some of the son's responses were questionable, they weren't enough to warrant striking his answer. The son was ordered to produce any available additional documents sought by landlord within 20 days. If he didn't do so, he wouldn't be able to present those records at trial. 

1482 Montgomery Estates, LLC v. Brown: Index No. 04355/2012, NYLJ No. 1202618746732 (Civ. Ct. Bronx; 9/10/13; Vargas, J)