Tenants Entitled to Pretrial Questioning of Landlord

Landlord sued to evict rent-stabilized tenants, claiming that the apartment wasn’t tenants’ primary residence. Tenants asked the court for permission to conduct pretrial questioning of landlord. The court ruled for tenants. Tenants were entitled to discovery from landlord regarding the names and addresses of witnesses who had knowledge that tenants hadn’t been seen in the building for over six months or lived elsewhere; copies of the original lease and renewals; any statements made by tenants; and any reports, records, or statements made in the ordinary course of landlord’s business concerning non-residency claims. At the same time, tenants were required to pay monthly rent to landlord while the case was pending.

Free Park Associates v. Cepeda: 2017 NY Slip Op 27002, 2017 WL 122834 (Dist. Ct. Nassau; 1/12/17; Fairgrieve, J)