Subtenants Can Conduct Pretrial Questioning of Landlord's Employees

February 1, 2004

LVT Number: 17132

Landlord sued to evict tenant for illegal subletting. Tenant didn't appear in court. Subtenants appeared and claimed that there was an illusory prime tenancy. They said landlord knew about the sublet and that they should be given a rent-stabilized lease. Subtenants asked the court for permission to conduct pretrial questioning of the building superintendent and two elevator operators. They claimed that this would help them prove their case. The court ruled for subtenants. They showed good cause for the request; information obtained from these employees could help their case.

Landlord sued to evict tenant for illegal subletting. Tenant didn't appear in court. Subtenants appeared and claimed that there was an illusory prime tenancy. They said landlord knew about the sublet and that they should be given a rent-stabilized lease. Subtenants asked the court for permission to conduct pretrial questioning of the building superintendent and two elevator operators. They claimed that this would help them prove their case. The court ruled for subtenants. They showed good cause for the request; information obtained from these employees could help their case. Whether what these employees knew meant that landlord knew about the illegal sublet was a question that would be decided at the trial.

Goldman v. Richards: NYLJ, 1/7/04, p. 18, col. 3 (Civ. Ct. NY; Milin, J)

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