Sanctions Imposed for Unauthorized Document Request

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed pass-on rights. Landlord's attorneys sent subpoenas to several banks and occupant's dentist demanding various records concerning occupant's address during the period in question. Tenant asked the court to suppress information landlord got through these subpoenas. Tenant claimed that landlord's attorneys got the documents directly, instead of instructing the banks and dentist to send the records to the courthouse. The court ruled for tenant. Subpoenaed records should be sent to the courthouse. An attorney wishing to view subpoenaed records must then get permission from the court to look at them. In this case, there had also been prior court rulings that some of these records were private and that tenant didn't have to produce them. So landlord's attorneys used the subpoenas to get information that they weren't entitled to. Landlord could not use these records to prove its case, and its attorneys were fined $1,000.

Marshall Estates v. Ahrens: NYLJ, p. 23, col. 5 (8/11/99) (Civ. Ct. NY; Spears, J)