Landlord Who Didn't Appear for Pre-Trial Questioning Can't Testify at Trial

Tenant sued landlord after she was injured when her apartment bathroom ceiling collapsed and struck her. Tenant asked the court to bar landlord from offering trial testimony because landlord failed to appear for pretrial questioning. The court ruled for tenant and denied landlord's request to reconsider. Landlord appealed and lost. Landlord had failed to comply with a prior court order to produce the building owners' principal for pretrial questioning. This was willful, disobedient conduct that required preclusion of landlord's testimony at trial. Landlord's attorney didn't detail any good faith efforts to secure the principal's deposition appearance. Landlord also didn't show that its principal did not have any knowledge or notice of the claimed defective and dangerous condition. 

Morson v. 5899 Realty, LLC: Index No. 2017-08523 (517/11), 2019 NY Slip Op 02702 (App. Div. 2 Dept.; 4/10/19; Balkan, JP, Chambers, Roman, Hinds-Radix, JJ)