Tenant Can Question Landlord About Its Corporate Structure

January 1, 2003

LVT Number: 16356

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and awarded tenant a money judgment for breach of the warranty of habitability. Tenant couldn't enforce the judgment because landlord was operating its business under a different corporate entity. Tenant asked the court for permission to question landlord about its corporate structure. The court ruled for tenant. Landlord appealed and lost. Tenant was entitled to question landlord about its corporate structure to get information held only by landlord.

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and awarded tenant a money judgment for breach of the warranty of habitability. Tenant couldn't enforce the judgment because landlord was operating its business under a different corporate entity. Tenant asked the court for permission to question landlord about its corporate structure. The court ruled for tenant. Landlord appealed and lost. Tenant was entitled to question landlord about its corporate structure to get information held only by landlord.

BNS Bldg. LLC v. Darzi: NYLJ, 12/23/02, p. 21, col. 2 (App. T.1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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