408 E. 10th St. Tenants Assn. v Hernandez

[*1] 408 E. 10th St. Tenants Assn. v Hernandez 2010 NY Slip Op 51881(U) [29 Misc 3d 131(A)] Decided on November 5, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 5, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570572/10.

408 East 10th Street Tenants Association, Petitioner-Landlord-Appellant,

against

Harold Hernandez, Respondent-Undertenant-Respondent.

Petitioner appeals from that portion of an order of the Civil Court of the City of New York, New York County (Peter M. Wendt, J.), dated January 14, 2010, which denied its motion for leave to conduct certain disclosure in a holdover summary proceeding.

Per Curiam.

Order (Peter M. Wendt, J.), dated January 14, 2010, insofar as appealed from, affirmed, with $10 costs.

Civil Court providently exercised its discretion in granting petitioner leave to depose respondent (see Quality and Ruskin Assoc. v London, 8 Misc 3d 102 [2005]) and denying petitioner's remaining requests for expert disclosure. On this record, as Civil Court correctly concluded, petitioner failed to demonstrate "ample need" for scientific testing of the subject written lease agreement by an out-of-state expert (see generally New York Univ. v Farkas, 121 Misc 2d 643 [1983]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 05, 2010