Opinion
Motion No. 2022-02307 Index No. 151342/21Case No. 2022-02282
07-12-2022
Leena Charlton, Plaintiff-Respondent, v. 92 Pinehurst Avenue LLC, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Cynthia S. Kern, Angela M. Mazzarelli Ellen Gesmer Jeffrey K. Oing Peter H. Moulton, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about May 16, 2022, which denied defendant's motion to quash a subpoena duces tecum served by plaintiff on the New York State Division of Housing and Community Renewal (DHCR), And defendant-appellant having moved for an order pursuant to CPLR 5518 and/or 5519(c): (a) staying, suspending and enjoining compliance by DHCR with the aforesaid subpoena duces tecum; and (b) to the extent that DHCR made or makes production in response to the subpoena, enjoining and restraining plaintiff from reviewing or disseminating the documents produced, pending hearing and determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. The interim relief granted by order of a Justice of this Court, dated June 9, 2022, is hereby vacated.