Trial Subpoenas Don't Violate Tenant's Privacy

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Landlord claimed that tenant lived in a Queens apartment, rather than in his Manhattan apartment. Landlord issued two subpoenas to the telephone company for records for both apartments. Tenant asked the court to bar production of the records, claiming invasion of privacy and court rules. The court ruled against tenant. Landlord had been allowed to conduct pretrial questioning on the issue of telephone records for the two apartments. And there was no invasion of privacy. The subpoenas didn't seek financial records or itemization of all calls, including unpublished numbers. On the other hand, the documents could provide information relevant to the issue of tenant's primary residence.

947-949 First Ave. LLC v. Jipa: L&T Index No. 61854/98 (Civ. Ct. NY 2/6/01; Rodriguez, J) [6-pg. doc.]