Pretrial Testing of Lease Document Denied

LVT Number: #23071

Landlord sued to evict tenant and asked the court for permission to conduct pretrial questioning. The court ruled for landlord in part, denying its request for pretrial scientific testing of tenant's written lease agreement by an out-of-state expert. Landlord appealed and lost. Landlord could ask tenant deposition questions before trial, but failed to show ample need for pretrial document testing.

Landlord sued to evict tenant and asked the court for permission to conduct pretrial questioning. The court ruled for landlord in part, denying its request for pretrial scientific testing of tenant's written lease agreement by an out-of-state expert. Landlord appealed and lost. Landlord could ask tenant deposition questions before trial, but failed to show ample need for pretrial document testing.

408 East 10th Street Tenants Association v. Hernandez: NYLJ, 11/15/10, p. 18, col.2 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)