Opinion
570192/04.
Decided July 19, 2004.
Petitioner appeals from that portion of an order of the Civil Court, New York County, entered October 21, 2003 (Inez Hoyos, J.) which denied its motion for leave to depose a nonparty witness in a holdover summary proceeding.
Order entered October 21, 2003 (Inez Hoyos, J.) modified to grant that branch of petitioner's motion for leave to depose respondent's son, Barron Richman; as modified, order affirmed, without costs.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Civil Court properly granted petitioner's motion to depose respondent Jacqueline Rachman in connection with the apartment occupancy issues raised by her succession claim in defense of the underlying licensee holdover proceeding. That branch of petitioner's motion seeking to depose the former tenant of record, respondent's son, Barron Rachman (a nonparty), also should have been granted, since it is clear that respondent's son possesses particular knowledge which could shed light on the issues of respondent's connection to the apartment and her claimed co-occupancy with her son. No prejudice will befall respondent since it is petitioner's own case which will be delayed, if at all, by the complete grant of the disclosure request ( see Hartsdale Realty v. Santos, 170 AD2d 260).
This constitutes the decision and order of the court.