Tenant Can Videotape Pretrial Questioning of Landlord

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. Landlord claimed that she wanted to live in the apartment with her boyfriend, his two children, and her son, daughter, and granddaughter. Landlord also said she wanted to move her law practice to the commercial portion of the building because of her long commute and her ongoing medical conditions. Landlord agreed to appear for pretrial questioning. But when landlord learned that tenant intended to videotape the deposition, she refused to appear. Tenant asked the court to force landlord to permit the videotaping. The court ruled for tenant. Landlord and tenant signed a stipulation agreeing to the pretrial questioning. There was no limitation in the agreement, and the law permits videotaping of depositions unless there is unreasonable annoyance, expense, embarrassment or disadvantage to the witness being videotaped. Landlord put her medical condition at issue as one of the reasons she wanted to take back tenant's apartment and therefore can't refuse to be videotaped on that basis.

Barrett v. Chabab: NYLJ, 5/20/09, p. 26, col. 3 (Civ. Ct. Kings; Finkelstein, J)