1520 St. Nicholas Ave. Realty Inc. v Ramirez
Decided on September 28, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
1520 St. Nicholas Avenue Realty Inc.,NY County Clerk's #570251/05 Petitioner-Landlord-Appellant,
against
Cecilio Ramirez, ISIDORO "DOE", FABIO, "DOE" AND TONY "DOE", Respondents-Tenants-Respondents.
Landlord appeals from an order of the Civil Court, New York County, entered March 24, 2005 (Jean T. Schneider, J.) which denied its motion for leave to conduct disclosure in a holdover summary proceeding.
PER CURIAM:
Order entered March 24, 2005 (Jean T. Schneider, J.) affirmed, without costs.
We agree that petitioner has failed to show "ample need" for the broad disclosure demanded in this summary eviction proceeding (cf. New York Univ. v Farkas, 121 Misc 2d 643, 647 [1983]), the vague allegations underlying which are inconsistent with the litigation position taken by petitioner in a pending Supreme Court action initiated against respondent Ramirez. "[A] trial court is vested with broad discretion to supervise the discovery process, and its determinations in that respect will not be disturbed in the absence of demonstrated abuse" (Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman & Dicker, 1 AD3d 223, 224][2003]), a showing not made here.
This constitutes the decision and order of the court.
Decision Date: September 28, 2005
