No Pre-Trial Questioning in Nonpayment Case

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) sued to evict rent-controlled tenant for nonpayment of rent. Tenant received SCRIE benefits and had received DHCR rent-reduction orders over the years. The DHCR had also restored the rent at various points. Given the various adjustments to tenant's rent, tenant asked the court for permission to conduct pre-trial questioning about the amount of rent claimed in the petition. The court ruled against tenant, finding that an immediate trial was the best way to resolve all issues.

295 Central Park West, Inc. v. Kleiner: Index No. 75462/96 (4/23/97) (Civ. Ct. NY; Mills, J) [1-page document]