Tenant Can't Conduct Pretrial Questioning About Landlord's Rehabilitation Claim

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict tenant after his lease ended. Landlord stated that the building was unregulated because it had been substantially rehabilitated during the 1980s. Tenant claimed that he was rent stabilized, and asked the court for permission to conduct pretrial questioning of landlord on that issue. The court ruled against tenant. Tenant presented no proof of his claim and couldn't conduct pretrial questioning simply to fish for information. In addition, current landlord didn't own the building during the 1980s, so it couldn't be expected to provide much information in pretrial questioning.

FD-HFZ West 44, LP v. Engoran: Index No. 88683/05 (Civ. Ct. NY 10/13/05; Milin, J) [6-pg. doc.]