Tenant Claiming Emotional Distress Must Disclose Medical Proof

February 1, 2010

LVT Number: #22444

Landlord sued tenant for back rent owed for periods dating back to 1999. In defense, tenant claimed emotional distress. Landlord asked the court to order tenant to pay use and occupancy fees while the case was pending. Landlord also asked tenant to produce before trial records relating to her claimed psychiatric status. When tenant failed to do so, landlord asked the court to strike tenant’s counterclaim. The court ruled for landlord. Tenant appealed and won, in part. Tenant need not pay interim use and occupancy, since this wasn’t an eviction proceeding.

Landlord sued tenant for back rent owed for periods dating back to 1999. In defense, tenant claimed emotional distress. Landlord asked the court to order tenant to pay use and occupancy fees while the case was pending. Landlord also asked tenant to produce before trial records relating to her claimed psychiatric status. When tenant failed to do so, landlord asked the court to strike tenant’s counterclaim. The court ruled for landlord. Tenant appealed and won, in part. Tenant need not pay interim use and occupancy, since this wasn’t an eviction proceeding. But tenant made her psychological status an issue by claiming emotional distress. So the lower court properly directed tenant to permit disclosure of her medical records.

Matera v. Stram: NYLJ, 1/22/10, p. 30, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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