Opinion
570472/05.
Decided January 12, 2006.
Petitioner appeals from (1) so much of an order of the Civil Court, New York County (Joseph E. Capella J.), dated September 16, 2004, as limited discovery to a two-year period in a licensee holdover proceeding, and (2) two orders, same court and Judge, dated June 21, 2005, which deemed petitioner's motion for leave to serve a subpoena "withdrawn" and awarded respondent $250 in costs.
Orders (Joseph E. Capella), dated September 16, 2004 and June 21, 2005, affirmed, with $10 costs.
PRESENT: McCooe, J.P., Davis, Gangel-Jacob, JJ.
There was no abuse of discretion in limiting discovery to the two years prior to the tenant vacating the subject apartment in this holdover proceeding where respondent has asserted a right of succession.
Inasmuch as the tenant resides in Puerto Rico, the court had no authority to direct her appearance for a deposition or to enforce compliance with a subpoena outside of this jurisdiction. Thus, to the extent that petitioner was aggrieved by the court's order deeming its motion for a subpoena "withdrawn" without prejudice to renewal, we find no error. However, considering that tenant "possesses particular knowledge which could shed light" on the issue of respondent's connection to the apartment ( Blah, Blah, Blah Realty LLC v. Lazar, 3 Misc 3d 134 (A) [2004]), respondent is precluded from calling tenant as a witness at trial unless tenant submits to a pre-trial examination.
Finally, while respondent cross moved for sanctions on the basis that petitioner made repetitive and baseless use and occupancy claims, the court granted the motion only to the extent of awarding tenant $250 in costs. We find no basis to disturb the court's award of costs.
This constitutes the decision and order of the court.