Tenant Not Entitled to Pre-Trial Questioning in Nuisance Case

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that, on a number of occasions, tenant turned his stove on without turning on the flame. This created a gas leak condition each time. Tenant asked the court for permission to conduct pre-trial questioning of landlord so that he could obtain names of other tenants who complained and copies of their letters to landlord. The court ruled against tenant except that landlord was directed to provide tenant with a list of the witnesses it intended to call at trial. Tenant hadn’t shown “ample need” for other information in order to defend against landlord’s claims. 

Ninth Street LLC v. Mayorkas: Index No. 67799/2016 (Civ. ct. NY; 10/7/16; Stoller, J) [4-pg. doc.]