Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)

Citation
Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)
Parent Document
Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)
Jurisdiction
New York (state)
Effective Date
2022-04-29

Full Text

766 chars
As it was undisputed that landlord did not completely fail to provide responses to the discovery demands, the Civil Court was within its discretion to find that landlord's responses did not constitute "willful, contumacious, or bad faith conduct" which would warrant the striking of landlord's petition (Simpson v City of New York, 10 AD3d 601, 603 [2004]; see McArthur v New York City Hous. Auth., 48 AD3d 431, 431 [2008]; Miller v Duffy, 126 AD2d 527 [1987]). Since we decline to find that the petition has been "deemed stricken" or that it should have been stricken, tenant's argument that he should be awarded summary judgment on the issue of liability with respect to his overcharge counterclaim because the petition has been "deemed stricken" is without merit.