ACP 150 v. Laura Greene, Respondent-Tenant-Respondent, and "John Doe" and "Jane Doe," Respondents-Undertenants. (2024)

Per Curiam.

Order (Vanessa Fang, J.), entered August 4, 2023, modified to extend discovery to the period commencing January 1, 2019; as modified, order affirmed, with $10 costs.

We agree that landlord is entitled to discovery in this summary proceeding based upon allegations of nonprimary residence (see Hughes v Lenox Hill Hosp., 226 AD2d 4, 17-18 [1996], lv denied 90 NY2d 829 [1997]; Cox v J.D. Realty Assoc., 217 AD2d 179, 183-184 [1995]). With respect to the relevant period of inquiry, we believe that discovery should extend back to January 1, 2019, a commencement date that will enable landlord to effectively ascertain whether tenant primarily resided in the subject rent stabilized apartment not only for the two-year period prior to the expiration of her lease on August 31, 2022, but also prior to the outbreak of the COVID-19 pandemic, the latter being important in assessing the merits of tenant's first affirmative defense (see e.g. 86 W. Corp. v Singh, 57 Misc 3d 152[A], 2017 NY Slip Op 51585[U] [App Term, 1st Dept 2017]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: June 17, 2024