Tenant Can Conduct Pretrial Questioning in Owner-Occupancy Case

Landlord sued to evict rent-stabilized tenant so that she could recover the apartment for herself and her immediate family. Tenant asked the court for permission to conduct pretrial questioning, which is allowed in housing court proceedings if a party shows ample need. The court ruled for tenant. Other co-owners of the building had previously brought owner-occupancy proceedings against tenant. Tenant could question landlord's immediate family members who may assist in determining facts related to the case before trial. Tenant could also request documents from landlord's co-owners, who previously had sought to recover tenant's apartment for owner-occupancy purposes. All document requests were limited to the period 2009 to the present, and were limited to properties owned by landlord, her husband, or co-owned by landlord with other co-owners of this building. These documents included deeds, contracts of sale, stock certificates, proprietary leases, leases or subleases, surrender or buyout agreements, and court documents.

Muritala v. Cook: Index No. 55112/2013, NYLJ No. 1202613857894 (Civ. Ct. Kings; 8/7/13; Ofshtein, J)