Landlord Entitled to Pretrial Questioning

August 6, 2013

LVT Number: #24948

Landlord sued to evict rent-stabilized tenant's grandson after tenant moved out of the apartment. The grandson claimed succession rights. The court granted landlord's request for permission to conduct pretrial questioning of two nonparties. The court ruled for landlord. The grandson appealed and lost. Landlord demonstrated ample need for questioning and document production of the grandson's cousin, who lived in the apartment for part of the relevant time period and therefore would have personal knowledge of grandson's occupancy.

Landlord sued to evict rent-stabilized tenant's grandson after tenant moved out of the apartment. The grandson claimed succession rights. The court granted landlord's request for permission to conduct pretrial questioning of two nonparties. The court ruled for landlord. The grandson appealed and lost. Landlord demonstrated ample need for questioning and document production of the grandson's cousin, who lived in the apartment for part of the relevant time period and therefore would have personal knowledge of grandson's occupancy. Landlord also could question in a limited manner the grandson's sister, who was tenant's health care proxy, since grandson claimed that he provided medical care to tenant during the period of claimed co-occupancy. 

Elk 300 83 LLC v. Dowd: 40 Misc.3d 127(A), 2013 NY Slip Op 51042(U) (App. T. 1 Dept.; 7/2/13; Hunter Jr., JP, Torres, Shulman, JJ)

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