Future Purchase LLC v Simmons

[*1] Future Purchase LLC v Simmons 2009 NY Slip Op 50992(U) [23 Misc 3d 140(A)] Decided on May 21, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 21, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570034/08.

Future Purchase LLC, Petitioner-Landlord-Appellant,

against

Lydia Simmons a/k/a Lydia Walls, Respondent-Tenant-Respondent, Mark Clemons Simmons, "John Doe" and"Jane Doe," Respondents-Undertenants.

Landlord appeals from so much of an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated September 11, 2007, as denied its motion to "compel" discovery, and from an order (same court and Judge), dated November 29, 2007, which denied its motion for leave to conduct further discovery in a holdover summary proceeding.

Per Curiam.
Orders (Michelle D. Schreiber, J.), dated
September 11, 2007 and November 29, 2007, affirmed, with $10 costs.

Civil Court providently exercised its discretion in denying landlord's motion to "compel" disclosure, where the tenant had been deposed and the parties' March 20, 2007 stipulation acknowledged that tenant had previously responded to landlord's document demands. Nor did landlord establish "ample need" for the additional documents belatedly sought (see New York Univ. v Farkas, 121 Misc 2d 643, 647 [1983]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 21, 2009