Pretrial Questioning Permitted on When Occupant Lived in Apartment

November 1, 2005

LVT Number: 18430

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Daughter claimed pass-on rights to the apartment. She said that she lived in the apartment for two years before tenant died in 1994. But daughter admitted in pretrial questioning that she had someone sign deceased tenant's name on renewal leases in 1996, 1998, and 2000. Landlord didn't know this until after 2000, and asked for permission to conduct further pretrial questioning about where daughter lived between 1994 and 2003. The court ruled against landlord. Landlord appealed and won.

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Daughter claimed pass-on rights to the apartment. She said that she lived in the apartment for two years before tenant died in 1994. But daughter admitted in pretrial questioning that she had someone sign deceased tenant's name on renewal leases in 1996, 1998, and 2000. Landlord didn't know this until after 2000, and asked for permission to conduct further pretrial questioning about where daughter lived between 1994 and 2003. The court ruled against landlord. Landlord appealed and won. Information about the entire period that daughter claimed to have lived in the apartment was relevant to the case.

Metropolitan Insurance and Annuity Co. v. Goldstein: NYLJ, 10/24/05, p. 28, col. 5 (App. T. 1 Dept.; Suarez, PJ, Schoenfeld, JJ)

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