Landlord Entitled to Pretrial Questioning

August 31, 2001

LVT Number: 15273

Landlord sued to evict rent-controlled tenant for illegal subletting. Landlord asked the court for permission to conduct pretrial questioning of tenant's wife. The court ruled against landlord. Landlord appealed and won. Tenant claimed that he didn't live in a different apartment with his wife and son. But he admitted that at times, other people lived in his rent-controlled apartment, and his answers to questions about where he actually lived were vague. Landlord showed the need to question tenant's wife.

Landlord sued to evict rent-controlled tenant for illegal subletting. Landlord asked the court for permission to conduct pretrial questioning of tenant's wife. The court ruled against landlord. Landlord appealed and won. Tenant claimed that he didn't live in a different apartment with his wife and son. But he admitted that at times, other people lived in his rent-controlled apartment, and his answers to questions about where he actually lived were vague. Landlord showed the need to question tenant's wife.

Houston Village Apt. Co. v. Zitin: NYLJ, 8/10/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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