Landlord Didn't Produce Records in Pre-Trial Questioning

Tenant sued landlord for negligence after he was shot by intruders who gained access to the building's common areas. Tenant claimed that landlord failed to maintain the building's entrances and to properly secure the building. Tenant sought pre-trial production of building maintenance records from landlord, who had sold the building and transferred records. New landlord claimed that it didn't have the records tenant sought. Tenant then asked the court to strike landlord's defense to the lawsuit or to preclude later production of records at trial. The court ruled against tenant, who appealed and won, in part. The appeals court ruled that landlord couldn't offer at trial any document that wasn't produced in response to tenant's discovery demands. Any further sanction was too extreme.

Watson v. 518 Pennsylvania HDFC: 160 A.D.3d 907, 2018 NY Slip Op 02666 (App. Div. 2 Dept.; 4/18/18; Scheinkman, PJ, Dillon, Hinds-Radix, Christopher, JJ)