Landlord's Attorney Prepared Testimony for City Marshal

Landlord sued to evict Mitchell-Lama tenant for nonprimary residence. Landlord claimed that tenant lived in Michigan and illegally sublet the apartment. One of landlord’s witnesses at the trial was a city marshal who testified that, in a prior nonpayment proceeding, he went to the apartment to evict tenant. He did not complete the eviction because the only person there was a woman whose leg was in a cast and who required Adult Protective Services. The marshal said that the woman claimed that it was her apartment. When questioned by the court about documents he was holding, the marshal showed the judge a letter from landlord's attorney telling him what to say in court. The court ruled against landlord. Among other things, the marshal’s testimony was based on written instructions from landlord’s attorney telling him what to say. It was clear in court that the marshal didn’t recall the details of the eviction attempt two years earlier and that he relied on the attorney’s instructions. The court found that the marshal and the attorney acted dishonestly and recommended that the appropriate agencies investigate to determine if disciplinary action was warranted.

Riverbay Corp. v. Houston: NYLJ, 4/22/09, p. 26, col. 3 (Civ. Ct. Bronx; Madhavan, J)