Tenant Entitled to Pretrial Questioning

January 1, 2008

LVT Number: #20088

Landlord sued to evict tenant, claiming that tenant's two dogs created a nuisance. Landlord claimed that tenant's pit bull terriers attacked another tenant's dog, tried to attack the dog of another tenant, lunged at residents, and freely roamed the building. Tenant denied landlord's claims and asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Landlord didn't describe the incidents with specific details. There was no description of the dogs attacked, and no names or apartment numbers of other tenants provided.

Landlord sued to evict tenant, claiming that tenant's two dogs created a nuisance. Landlord claimed that tenant's pit bull terriers attacked another tenant's dog, tried to attack the dog of another tenant, lunged at residents, and freely roamed the building. Tenant denied landlord's claims and asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Landlord didn't describe the incidents with specific details. There was no description of the dogs attacked, and no names or apartment numbers of other tenants provided. Tenant's request was for information that would directly affect his ability to assert a defense and ease the trial process.

86 West Corp. v. Singh: NYLJ, 12/6/07, p. 28, col. 1 (Civ. Ct. NY; Jackman Brown, J)

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