Occupant Can't Get Pre-Trial Questioning of Landlord in Succession Case

June 24, 2018

LVT Number: #28447

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights. The court granted landlord's request to conduct pretrial questioning of the occupant but denied occupant's request for reciprocal pretrial questioning of landlord. Occupant appealed and lost. The occupant didn't show "ample need" for pretrial questioning to ascertain landlord's knowledge of her residence in the apartment.

Landlord sued to evict apartment occupant after rent-controlled tenant died. The occupant claimed succession rights. The court granted landlord's request to conduct pretrial questioning of the occupant but denied occupant's request for reciprocal pretrial questioning of landlord. Occupant appealed and lost. The occupant didn't show "ample need" for pretrial questioning to ascertain landlord's knowledge of her residence in the apartment. Facts relevant to the occupant's succession claim, such as her residence in the apartment and period of co-occupancy with tenant, were within occupant's own knowledge. 

W 148 LLC v. McCracken: 59 Misc.3d 143(A), 2018 NY Slip Op 50717(U) (App. T. 1 Dept.; 5/22/18; Gonzalez, JP, Edmead, J)

Topics

More like this