Landlord Sought Information from Tenant's Doctors

May 31, 2011

LVT Number: #23419

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court for a protective order. He claimed that landlord's attorney had contacted his doctors requesting documents regarding visits. Landlord argued that as long as no subpoenas were served, it was permitted to contact nonparties. The court ruled against tenant. Attorneys were permitted to conduct interviews with witnesses to prepare for a case. But where the witness was a treating physician of a party, permission must be obtained from the court before doing so.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court for a protective order. He claimed that landlord's attorney had contacted his doctors requesting documents regarding visits. Landlord argued that as long as no subpoenas were served, it was permitted to contact nonparties. The court ruled against tenant. Attorneys were permitted to conduct interviews with witnesses to prepare for a case. But where the witness was a treating physician of a party, permission must be obtained from the court before doing so. Even treatment dates are protected medical information. But since no protected information was provided to landlord by tenant's doctor, there was nothing to suppress or preclude.

Only Properties LLC v. Beaven: Index No. 84682/2010, NYLJ No. 1202494102017 (Civ. Ct. NY; 5/9/11; Kraus, J)

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