Indo Can. Realty Corp. v Arroyo

[*1] Indo Can. Realty Corp. v Arroyo 2007 NY Slip Op 50074(U) [14 Misc 3d 132(A)] Decided on January 17, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 17, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570628/06.

Indo Canadian Realty Corp., Petitioner-Landlord-Appellant,

against

Angelita Arroyo, Respondent-Tenant-Respondent, -and- Felix Feliciano, Michelle Acevedo, Jacinta Acevedo, and Angel Arroyo, and John and Jane Doe, Respondents-Undertenants-Respondents.

Petitioner appeals from an order of the Civil Court, New York County (Pam B. Jackman-Brown, J.), dated January 5, 2006, which denied, without prejudice, its motion for leave to conduct discovery.

PER CURIAM:

Order (Pam B. Jackman-Brown, J.), dated January 5, 2006, affirmed, with $10 costs.

We find no abuse of discretion in the denial, without prejudice, of landlord's blunderbuss discovery demand seeking "any and all" documents to be used at trial by respondent Angel Arroyo, a demand which was not "carefully tailored" and did not specify any categories of documents nor identify a relevant time period (see Ulico Cas. Co. V. Wilson, Elser, Moskowitz, Edelman & Dicker, 1 AD3d 223, 224 [2003]). Since it appears that the tenant is not contesting landlord's nonprimary residence claim, any discovery should be limited to the issue of Angel Arroyo's succession claim.

This constitutes the decision and order of the court.
Decision Date: January 17, 2007