Landlord's Attorneys Disqualified for Improper Discovery Methods
LVT Number: #25589
Landlord sued to evict rent-stabilized tenant for nonprimary residence. When landlord asked the court for permission to conduct pretrial questioning, tenant claimed that landlord’s attorneys were already engaging in improper discovery. The court granted tenant’s request to disqualify landlord’s attorneys. Landlord asked the court to reconsider its decision. The court again ruled against landlord. Tenant wasn’t represented by an attorney. Although settlement negotiations were permitted, the court found that landlord’s attorneys pressed tenant for information that they should have been seeking through a motion to the court for permission to conduct pre-trial questioning and to request document production.
Missionary Sisters, Inc. v. Fauerbach: Index No. L&T 50074/14, NYLJ No. 1202738316465 (Civ. Ct. NY; 8/28/15; Gonzales, J)