Landlord's Pretrial Questioning Limited

April 1, 1996

LVT Number: 10516

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord claimed tenant never moved into the apartment but instead sublet it to her son. Landlord asked the court for permission to question tenant before trial on where her primary residence was. The court ruled against landlord on this issue. Landlord sued to evict tenant for illegal subletting, not for nonprimary residence. Landlord couldn't therefore use this proceeding for a ''fishing expedition'' on issues that weren't part of its petition.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord claimed tenant never moved into the apartment but instead sublet it to her son. Landlord asked the court for permission to question tenant before trial on where her primary residence was. The court ruled against landlord on this issue. Landlord sued to evict tenant for illegal subletting, not for nonprimary residence. Landlord couldn't therefore use this proceeding for a ''fishing expedition'' on issues that weren't part of its petition.

Tribeca Equity Partners, L.P. v. Ezcura: NYLJ, p. 32, col. 4 (3/27/96) (Civ. Ct. NY; Evans, J)

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