In opposition and by cross motion, petitioner asserts that it did serve copies of its predicate notice and petition on the DHCR, provides copies of its affidavits of service on the DHCR and asks that they be deemed filed timely nunc pro tunc under CPLR 2001 and 2004.
In opposition to respondent's discovery request petitioner points to "the plethora of factual information contained within the notices." (Affirmation in opposition ¶ 28.) Petitioner argues that respondent has not established "ample need," that the motion is not supported by respondent's sworn affidavit, that respondent's claim that she is not in possession of the information she needs to defend against this proceeding is "undermined by the fact that Respondent has lived in the subject premises for 13 years and that the conduct alleged herein all occurred inside the apartment" (id. ¶ 21), and that respondent will have a full opportunity "to cross examine the Petitioner's witnesses, question their veracity and attack any documentary evidence which they may seek to introduce" at trial. (Id. ¶ 29.)