LLC v. Michael Milgram and Sharona Ozeri, Respondents-Respondents, and "John Doe" and "Jane Doe," Respondents. (2026)

Per Curiam.

Order dated December 8, 2025 (Tracy Ferdinand, J.), modified to the extent of expanding the time period applicable for production of documents from January 1, 2015 through December 15, 2023; as modified, order affirmed, with $10 costs.

We agree that triable issues of fact are raised with respect to respondents' illusory tenancy defense, including whether the nonparty tenant (Sonderholm) engaged in unlawful rent profiteering by subletting the apartment to respondents for more than two decades and whether petitioner had actual or constructive knowledge of the subleasing arrangement (see Salaway v Bosquez, 45 Misc 3d 130[A], 2014 NY Slip Op 51571[U] [App Term, 1st Dept 2014]; 545 Eighth Ave. Assoc., L.P. v Shanaman, 12 Misc 3d 66 [App Term, 1st Dept 2006]; see also Primrose Mgt. Co. v Donahue, 253 AD2d 404 [1998]; Bruenn v Cole, 165 AD2d 443 [1991]). Thus, petitioner's motion to strike the illusory tenancy defense and for summary judgment of possession was properly denied.

Civil Court providently exercised its discretion in denying landlord's motion to compel respondents to produce certain documents related to their primary residence or to landlord's collusion with the nonparty tenant. However, given the extended period in which respondents allegedly resided in the apartment, we deem it appropriate to extend the time period applicable to the production of the remaining documents from January 1, 2015 through December 15, 2023. We have considered petitioner's remaining arguments and find them unavailing.

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: October 5, 2026