Tenant Must Submit to Independent Medical Exam

July 18, 2014

LVT Number: #25644

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in New Jersey and sublet the apartment without landlord's permission. Tenant claimed that he was away from the apartment temporarily for medical reasons and that landlord was retaliating against him based on tenant's rent overcharge complaint. Landlord asked the court for permission to conduct an independent medical exam of tenant. The court ruled for landlord.

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Landlord claimed that tenant lived in New Jersey and sublet the apartment without landlord's permission. Tenant claimed that he was away from the apartment temporarily for medical reasons and that landlord was retaliating against him based on tenant's rent overcharge complaint. Landlord asked the court for permission to conduct an independent medical exam of tenant. The court ruled for landlord. Tenant had put his medical condition at issue in the case, and landlord therefore was entitled to information before trial that was related to tenant's defense.

Windsor Plaza v. dePinies: Index No. 84063/13, NYLJ No. 1202649641023 (Civ. Ct. NY; 5/29/14; Gonzalez, J)

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