Landlord Doesn't Have to Give Tenant Witness List

Landlord sued to evict rent-stabilized tenant, claiming tenant violated his lease by illegally subletting without landlord’s prior consent. Tenant answered landlord’s court petition and demanded additional information concerning the basis of landlord’s claim. Landlord and tenant, by their attorneys, adjourned the case for landlord to answer tenant’s demand for a “bill of particulars.” But landlord later asked the court to limit or strike tenant’s demand. The court ruled for landlord in part. Landlord had agreed to answer tenant’s questions, and landlord moved to strike this demand. But attorneys for landlord and tenant signed an agreement that landlord would respond to tenant’s demand. So that agreement was binding. However, the court limited the scope of questions. Landlord must provide information about why it claimed tenant moved out of the apartment and was living at an unknown address while “John Doe” or “Jane Doe” lived there. But landlord didn’t have to tell tenant the name, address, and telephone number of any employee or agent of landlord who claimed to have seen people coming and going from the apartment. Tenant can’t use a bill of particulars as a substitute for pretrial questioning and, in summary proceedings, parties weren’t required to give the other side information about potential witnesses.

Pik Record Co. v. Becker: NYLJ, 7/14/10, p. 26, col. 3 (Civ. Ct. NY; Wendt, J)