Tenant's Deposition Request to Be Decided by Trial Part

January 1, 2005

LVT Number: 17810

Landlord sued to evict tenant. After pretrial questioning, and while the case was still in the court's resolution part, tenant asked the court to permit her deposition testimony to be presented at trial. Tenant was elderly and had health problems, and claimed that she couldn't personally appear to testify. The court's resolution part ruled that a trial part judge must rule on this question once the case went to trial. The resolution part judge wasn't authorized to rule on questions concerning evidence.

Landlord sued to evict tenant. After pretrial questioning, and while the case was still in the court's resolution part, tenant asked the court to permit her deposition testimony to be presented at trial. Tenant was elderly and had health problems, and claimed that she couldn't personally appear to testify. The court's resolution part ruled that a trial part judge must rule on this question once the case went to trial. The resolution part judge wasn't authorized to rule on questions concerning evidence.

Spigel v. Gonzalez: NYLJ, 12/1/04, p. 25, col. 4 (Civ. Ct. Kings; Heymann, J)

Topics

More like this