40.99 E. Calling The Tenant As Your First Witness

• Jurisdiction: New York

E. Calling the Tenant As Your First Witness

There is no rule that says that Petitioner’s counsel must call the landlord as his first witness. Counsel may call respondent-tenant as his first witness. This may surprise and possibly unsettle the tenant and his counsel.

The general rule under New York law is that “where a witness testifies as to a fact material to the case, the adverse party may, for the purpose of showing that the fact is otherwise, contradict the witness, either by cross-examination or by introducing other evidence.”¹⁵⁵³ “[A] party has the right to impeach or discredit the testimony of an opponent, and such evidence is always competent.”¹⁵⁵⁴

In any event, tenant may be a very useful witness for landlord. If landlord does not have anyone to testify as to tenant’s signature on the lease, often tenant will do so for him, readily admitting that this is the lease he signed. Or maybe landlord lacks documentation demonstrating that tenant is aware of the managing agent’s authority; in such case tenant may testify to interactions with the managing agent.

--------

Notes:

^[1553] . 58A N.Y. Jur. 2d Evidence and Witnesses § 932; Rossenbach v. Supreme Ct. of Ind. Order of Foresters, 184 N.Y....