Pretrial Questioning Granted to Both Landlord and Tenant

March 1, 2006

LVT Number: 18720

Landlord sued to evict commercial tenant. Tenant claimed that the building was part of a horizontal multiple dwelling, that the unit was residential, and that tenant was rent stabilized. Tenant also claimed breach of the warranty of habitability. Both landlord and tenant asked the court for permission to conduct pretrial questioning. The court said yes to both. Tenant could conduct pretrial questioning on whether the unit was set up as a residential space at the time he moved in.

Landlord sued to evict commercial tenant. Tenant claimed that the building was part of a horizontal multiple dwelling, that the unit was residential, and that tenant was rent stabilized. Tenant also claimed breach of the warranty of habitability. Both landlord and tenant asked the court for permission to conduct pretrial questioning. The court said yes to both. Tenant could conduct pretrial questioning on whether the unit was set up as a residential space at the time he moved in.

480-486 Broadway LLC v. No Mystery Sound, Inc.: NYLJ, 2/16/06, p. 19, col. 3 (Civ. Ct. NY; Scarpulla, J)

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