Landlord's Attorney Can't Subpoena Subtenant's Attorney

June 30, 2001

LVT Number: 15093

Landlord sued to evict rent-stabilized tenant for illegal subletting and overcharging subtenant. Subtenant claimed that he had a right to a lease in his own name because landlord knew about the illusory tenancy. Landlord subpoenaed subtenant's attorney to testify in court because landlord claimed that subtenant's attorney had told landlord about the overcharge. Subtenant asked the court to bar the subpoena because of the attorney-client privilege between subtenant and his attorney. The court ruled for subtenant.

Landlord sued to evict rent-stabilized tenant for illegal subletting and overcharging subtenant. Subtenant claimed that he had a right to a lease in his own name because landlord knew about the illusory tenancy. Landlord subpoenaed subtenant's attorney to testify in court because landlord claimed that subtenant's attorney had told landlord about the overcharge. Subtenant asked the court to bar the subpoena because of the attorney-client privilege between subtenant and his attorney. The court ruled for subtenant. Subtenant was entitled to a confidential relationship with his attorney, and there weren't compelling circumstances warranting an exception in this case.

63rd Building Corp. v. Cohen: NYLJ, 6/20/01, p. 18, col. 3 (Civ. Ct. NY; Rodriguez, J)

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