Matter of West Pierre Assoc. LLC v. Harvey, 2025 NY Slip Op 04611 (2025)

Citation: Matter of West Pierre Assoc. LLC v. Harvey, 2025 NY Slip Op 04611 (2025)
Parent Document: Matter of West Pierre Assoc. LLC v. Harvey, 2025 NY Slip Op 04611 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-08-07
Original Source: https://www.courtlistener.com/opinion/10649631/matter-of-west-pierre-assoc-ll... ↗

Full Text

1,009 chars

As demonstrated by the tenant in her motion for discovery, the invoices, contract, proposal, and check stubs concerning the 2014 renovations, when considered in the light most favorable to her (see e.g. Vega v Restani Constr. Corp., 18 NY3d 499, 503 [2012]; Similis Mgt. LLC v Dzganiya, 71 Misc 3d 129[A], 2021 NY Slip Op 50245[U] [App Term, 1st Dept 2021]), plausibly include several double-counted items and features not currently present in her apartment. Taken together, the tenant raised a question of fact as to whether the rent history is unreliable, thus warranting denial of the landlord's cross-motion for summary judgment and establishing a need for discovery. Accordingly, the motion for discovery in the summary proceeding under CPLR 408 was improperly denied (see e.g. Mautner-Glick Corp. v Higgins, 64 Misc 3d 16, 18 [App Term, 1st Dept 2019]; see also TOA Constr. Co., Inc. v Tsitsires, 4 AD3d 141, 142 [1st Dept 2004],citing New York Univ. v Farkas, 121 Misc 2d 643 [Civ Ct, NY County 1983]).

Other Sections in This Document (18)

Full Text