Tenant Must Produce Documents During Pretrial Questioning

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord claimed that tenant had lived with his wife in New Jersey since 2001. Landlord asked the court for permission to conduct pretrial questioning of tenant and tenant's wife. The wife wasn't a party to the eviction proceeding. The court ruled for landlord in part. Landlord could question tenant, but not tenant's wife. Landlord then asked tenant to produce various documents, including income tax returns and a mortgage application for the New Jersey house. Tenant relied on the court order and refused because the documents concerned not only tenant but also his wife. Landlord asked the court to direct tenant to produce the documents. The court ruled for landlord. Tenant must provide the requested information, except documents that concerned only his wife.

Garzillo v. Besdansky: NYLJ, 2/7/07, p. 20, col. 1 (Civ. Ct. Kings; Heymann, J)