Tenant's Answer Stricken for Failure to Answer Pretrial Questioning

July 31, 2009

LVT Number: #22092

Landlord sued to evict apartment occupant after tenant moved out. The court granted landlord's request to conduct pretrial questioning. When occupant failed to respond to requests for answers and documents, landlord asked the court to strike his defenses so occupant wouldn't be able to raise them at trial. The court ruled for landlord. Occupant appealed and lost. The trial court had authority to impose sanctions.

Landlord sued to evict apartment occupant after tenant moved out. The court granted landlord's request to conduct pretrial questioning. When occupant failed to respond to requests for answers and documents, landlord asked the court to strike his defenses so occupant wouldn't be able to raise them at trial. The court ruled for landlord. Occupant appealed and lost. The trial court had authority to impose sanctions. Since occupant repeatedly failed to comply with the court's orders to provide discovery, there was no abuse of the court's discretion in striking occupant's answer to the eviction petition.

ST Owner, L.P. v. Doe: NYLJ, 7/10/09, p. 33, col. 3 (App. T. 1 Dept.; McKeon, JP, Schoenfeld, Heitler, JJ)

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