Pretrial Questioning of Landlord's Daughter Permitted

June 30, 2011

LVT Number: #23442

Landlord sued to evict rent-stabilized tenant in order to recover Apartment 2L for himself and his family. The court granted tenant's request to conduct pretrial questioning of the daughter. Tenant had reason to question landlord's good faith because landlord's daughter already lived in Apartment 1L at the building, which landlord had recovered in a similar prior eviction case. The daughter had knowledge relating to the family's proposed use of the apartment, so it was appropriate to question her.

Landlord sued to evict rent-stabilized tenant in order to recover Apartment 2L for himself and his family. The court granted tenant's request to conduct pretrial questioning of the daughter. Tenant had reason to question landlord's good faith because landlord's daughter already lived in Apartment 1L at the building, which landlord had recovered in a similar prior eviction case. The daughter had knowledge relating to the family's proposed use of the apartment, so it was appropriate to question her.

Wu v. Sanchez: Index No. 73319/10, NYLJ No. 1202495493613 (Civ. Ct. Kings; 5/20/11; Fiorella, J)

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