Petition Incorrectly Described Premises as Commercial

February 1, 2001

LVT Number: 14728

Landlord sued to evict tenant, claiming that her unit was commercial. Tenant claimed that she lived there and that she was rent stabilized. Tenant asked the court to dismiss the case. Landlord didn't deny that tenant lived there, but claimed that she was a nonprimary resident. Landlord asked the court for permission to conduct pretrial questioning. The court ruled for tenant and against landlord. Tenant was rent stabilized. And landlord didn't show any reason why pretrial questioning might reveal facts helpful to its case.

Landlord sued to evict tenant, claiming that her unit was commercial. Tenant claimed that she lived there and that she was rent stabilized. Tenant asked the court to dismiss the case. Landlord didn't deny that tenant lived there, but claimed that she was a nonprimary resident. Landlord asked the court for permission to conduct pretrial questioning. The court ruled for tenant and against landlord. Tenant was rent stabilized. And landlord didn't show any reason why pretrial questioning might reveal facts helpful to its case.

Duane Thomas LLC v. Emma Dear Productions Inc.: NYLJ, 1/24/01, p. 27, col. 1 (Civ. Ct. NY; Billings, J)

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