MHK ASSOCIATES LLC v. LAFFERTY (2023)

Supreme Court, Appellate Term, New York,

MHK ASSOCIATES, LLC, Petitioner-Landlord-Respondent, v. Catherine LAFFERTY, Respondent-Tenant-Appellant.

571019 /23

Decided: November 22, 2023

PRESENT: Hagler, P.J., Tisch, J.

Order (Evon M. Asforis, J.), dated July 14, 2023, affirmed, with $10 costs.

This holdover proceeding, premised upon tenant's failure to sign a renewal lease, is not subject to summary dismissal. The evidentiary proof submitted by tenant failed to establish the absence of material issues of fact as to whether tenant mailed, and landlord received, the executed lease renewal.

Civil Court providently exercised its discretion in denying, as “not narrowly and carefully tailored,” tenant's overbroad discovery request, which sought extensive records about the subject building, the adjoining building, other tenants, vendors etc. (see Kantor v Kaye, 114 AD2d 782 [1985]; see also Crandall v Equinox Holdings, Inc., 206 AD3d 552 [2022]; New York Univ. v Farkas, 121 Misc 2d 643 [Civ Ct, NY County 1983]).

The court also providently exercised its discretion in denying tenant's motion for costs and sanctions against landlord (see Rules of the Chief Admr of Cts [22 NYCRR] § 130.1-1; Carde v Rodriguez, 189 AD3d 498 [2020]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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