Tenant Can Conduct Pretrial Questioning

February 1, 1999

LVT Number: 12962

Landlord sued to evict tenant to recover the apartment for owner occupancy. Tenant asked the court for permission to conduct pretrial questioning of landlord. Landlord claimed she needed the apartment for her son, who had recently moved back to New York to work after attending college out of state. Tenant argued that landlord's claim was questionable and that landlord simply wanted the apartment because the monthly rent was $140. The court ruled for tenant. Tenant showed the need for pretrial questioning.

Landlord sued to evict tenant to recover the apartment for owner occupancy. Tenant asked the court for permission to conduct pretrial questioning of landlord. Landlord claimed she needed the apartment for her son, who had recently moved back to New York to work after attending college out of state. Tenant argued that landlord's claim was questionable and that landlord simply wanted the apartment because the monthly rent was $140. The court ruled for tenant. Tenant showed the need for pretrial questioning. Only landlord knew the facts concerning her claimed need for the apartment and tenant was entitled to pretrial disclosure.

Perlman v. Martinez: NYLJ, p. 27, col. 6 (1/6/99) (Civ. Ct. Kings; Wendt, J)

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