Landlord Improperly Got Documents

Landlord sued to evict tenant and subpoenaed various medical, governmental, and financial records from outside sources to support its case. Tenant claimed that none of these records should be allowed into evidence because landlord violated the law in getting them. The court ruled for tenant. Landlord appealed and lost. Landlord violated procedural rules. The subpoenas were delivered to other parties, without notice to tenant, while the case was off the court's calendar. Landlord also sent cover letters with the subpoenas that were designed to result in the documents being sent directly to landlord rather than to the court. The documents that landlord subpoenaed were potentially private or irrelevant. So the lower court properly blocked landlord from using the subpoenaed documents and imposed sanctions.

Henriques v. Boitano: NYLJ, 8/29/00, p. 22, col. 2 (App. T.1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)