Subtenant Can Question Building Employees Before Trial

February 1, 2005

LVT Number: 17904

Landlord sued to evict rent-stabilized tenant for illegal subletting. Subtenant claimed illusory tenancy. He said that he lived in the apartment for 14 years and was overcharged. He also said that landlord knew or should have known that he lived there. Subtenant asked the court for permission to conduct pretrial questioning of building employees. The court ruled for subtenant. Tenant showed that he had a meritorious claim, need for the questioning, that his questions were related to the facts of the case, and that landlord wouldn't be unfairly affected.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Subtenant claimed illusory tenancy. He said that he lived in the apartment for 14 years and was overcharged. He also said that landlord knew or should have known that he lived there. Subtenant asked the court for permission to conduct pretrial questioning of building employees. The court ruled for subtenant. Tenant showed that he had a meritorious claim, need for the questioning, that his questions were related to the facts of the case, and that landlord wouldn't be unfairly affected.

225 West 88th Co. LLC v. Gelband: NYLJ, 1/5/05, p. 20, col. 1 (Civ. Ct. NY; Schreiber, J)

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