72A Realty Assoc. v Lucas

[*1] 72A Realty Assoc. v Lucas 2015 NY Slip Op 51541(U) Decided on October 27, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 27, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Ling-Cohan, JJ.
570319/15

72A Realty Associates, Petitioner-Landlord-Appellant,

against

Sandra Lucas Respondent-Tenant-Respondent, - and - "John Doe" and "Jane Doe," Respondents.

Landlord appeals from (1) an order of the Civil Court of the City of New York, New York County (Brenda S. Spears, J.), entered on or about February 9, 2015, which granted tenant's motion for leave to conduct discovery in a holdover summary proceeding and 2) an order (same court and Judge), entered on or about February 9, 2015, which denied landlord's cross motion for summary judgment dismissing tenant's counterclaims for rent overcharges and legal fees.

Per curiam.

Orders (Brenda S. Spears, J.), each entered on or about February 9, 2015, affirmed, with one bill of $10 costs.

We agree that tenant demonstrated ample need for the disclosure sought in connection with her rent overcharge counterclaim, in view of the Appellate Division's direction to "review . . . any available record of rental history necessary to set the proper base date rent" (see 72A Realty Assoc. v Lucas, 101 AD3d 401, 402 [2012]). Landlord's cross motion for summary judgment was premature, given that the issues raised by the Appellate Division require further discovery, which has not yet been completed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concurI concur

Decision Date: October 27, 2015