Opinion
No. 570319/15.
10-27-2015
72A REALTY ASSOCIATES, Petitioner–Landlord–Appellant, v. Sandra LUCAS Respondent–Tenant–Respondent, and “John Doe” and “Jane Doe,” Respondents.
Opinion
PER CURIAM.
Orders (Brenda S. Spears, J.), each entered on or about February 9, 2015, affirmed, with one bill of $10 costs.
We agree that tenant demonstrated ample need for the disclosure sought in connection with her rent overcharge counterclaim, in view of the Appellate Division's direction to “review ... any available record of rental history necessary to set the proper base date rent” (see 72A Realty Assoc. v. Lucas, 101 AD3d 401, 402 2012 ). Landlord's cross motion for summary judgment was premature, given that the issues raised by the Appellate Division require further discovery, which has not yet been completed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.