No Pretrial Questioning in Nonpayment Case

April 30, 2005

LVT Number: 18070

New landlord sued to evict tenant for nonpayment of rent. Landlord asked the court for permission to conduct pretrial questioning. Landlord claimed that prior landlord assigned rents to it, but that the transferred records were insufficient to determine how much rent was owed. Landlord wanted tenant to provide all leases, rent bills, proofs of rent payment, and correspondence since the start of his tenancy. The court ruled against landlord. Landlord's request was too broad, and if landlord didn't know how much rent was owed, landlord shouldn't have started the nonpayment case.

New landlord sued to evict tenant for nonpayment of rent. Landlord asked the court for permission to conduct pretrial questioning. Landlord claimed that prior landlord assigned rents to it, but that the transferred records were insufficient to determine how much rent was owed. Landlord wanted tenant to provide all leases, rent bills, proofs of rent payment, and correspondence since the start of his tenancy. The court ruled against landlord. Landlord's request was too broad, and if landlord didn't know how much rent was owed, landlord shouldn't have started the nonpayment case.

244 Madison LLC v. Pearson: NYLJ, 4/27/05, p. 20, col. 1 (Civ. Ct. Kings; Finkelstein, J)

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