Landlord's Request for Documents Granted

Landlord sued to evict tenant for nonprimary residence. Tenant's family member claimed pass-on rights. Landlord asked the court for permission to conduct pretrial questioning. Landlord also asked the court to order tenant and the family member to produce documents relating to proof of residence for a four-year period between 1995 and 1999. The court ruled for landlord but limited the time period to the two prior years. Landlord appealed and won. Landlord claimed that tenant moved out in 1997. To have pass-on rights, the family member must show that he lived in the apartment with tenant for at least two years before tenant moved out. So landlord's request for documents going back four years was reasonable.

Lemle v. Bascourt: NYLJ, 6/15/01, p. 20, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel- Jacob, JJ)