Opinion
No. 571019/23
11-22-2023
MHK Associates, LLC, Petitioner-Landlord-Respondent, v. Catherine Lafferty, Respondent-Tenant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Tisch, J.
PER CURIAM
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Evon M. Asforis, J.), dated July 14, 2023, which denied her respective motions for summary judgment dismissing the petition and for leave to conduct discovery with respect to the counterclaims, and for imposition of costs and sanctions upon landlord for frivolous litigation, in a holdover summary proceeding.
Order (Evon M. Asforis, J.), dated July 14, 2023, affirmed, with $10 costs.
This holdover proceeding, premised upon tenant's failure to sign a renewal lease, is not subject to summary dismissal. The evidentiary proof submitted by tenant failed to establish the absence of material issues of fact as to whether tenant mailed, and landlord received, the executed lease renewal.
Civil Court providently exercised its discretion in denying, as "not narrowly and carefully tailored," tenant's overbroad discovery request, which sought extensive records about the subject building, the adjoining building, other tenants, vendors etc. (see Kantor v Kaye, 114 A.D.2d 782 [1985]; see also Crandall v Equinox Holdings, Inc., 206 A.D.3d 552 [2022]; New York Univ. v Farkas, 121 Misc.2d 643 [Civ Ct, NY County 1983]).
The court also providently exercised its discretion in denying tenant's motion for costs and sanctions against landlord (see Rules of the Chief Admr of Cts [22 NYCRR] § 130.1-1; Carde v Rodriguez, 189 A.D.3d 498 [2020]).