Tenant Claims Physical Disability

April 30, 1999

LVT Number: 13205

Landlord sued to evict tenant to recover apartment for owner occupancy. Tenant claimed that she had a physical disability and that landlord had to offer her an alternative apartment. Tenant claimed to have interstitial cystitis. The court granted landlord's request for pretrial questioning of tenant and her doctor, and for a physical exam of tenant. Landlord then asked the court to order an internal exam and bladder biopsy. Tenant objected.

Landlord sued to evict tenant to recover apartment for owner occupancy. Tenant claimed that she had a physical disability and that landlord had to offer her an alternative apartment. Tenant claimed to have interstitial cystitis. The court granted landlord's request for pretrial questioning of tenant and her doctor, and for a physical exam of tenant. Landlord then asked the court to order an internal exam and bladder biopsy. Tenant objected. The court ruled against landlord, saying that it wouldn't force tenant to submit to any kind of physically invasive test that might cause dangerous side effects or major discomfort.

Banchik v. Ruggieri: NYLJ, p. 27, col. 6 (4/28/99) (Civ. Ct. NY; Malatzky, J)

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