Landlord's Attorneys Questioned Tenant Without Court's OK

April 1, 2001

LVT Number: 14837

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had lived in a nursing home for a year at the time landlord started the case. Tenant's nephew asked the court to disqualify landlord's attorneys and for a protective order. He claimed that landlord's attorneys interviewed tenant's doctor without her consent or court authorization. Landlord claimed that it merely asked questions about documents produced through authorized pretrial questioning procedures. The court ruled against tenant's nephew. Landlord's attorneys improperly questioned tenant.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant had lived in a nursing home for a year at the time landlord started the case. Tenant's nephew asked the court to disqualify landlord's attorneys and for a protective order. He claimed that landlord's attorneys interviewed tenant's doctor without her consent or court authorization. Landlord claimed that it merely asked questions about documents produced through authorized pretrial questioning procedures. The court ruled against tenant's nephew. Landlord's attorneys improperly questioned tenant. But landlord's attorneys never concealed this action and didn't use any information to unfair advantage.

M&E 336-348 E. 18th St. LLC v. Cardigan: NYLJ, 3/7/01, p. 21, col. 2 (Civ. Ct. NY; Rodriguez, J)

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