41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)

Citation: 41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Parent Document: 41-47 Nick LLC v. Odumosu, 2024 NY Slip Op 24167 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-06-11
Original Source: https://www.courtlistener.com/opinion/9687483/41-47-nick-llc-v-odumosu/ ↗

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Previously, respondent moved for leave to conduct discovery pursuant to CPLR 408, reaching back as far as 1993, regarding his first defense and counterclaim related to an alleged fraudulent overcharge.[FN1]
Respondent argued that he had interposed a colorable claim of a [*2]fraudulent overcharge by demonstrating indicia of same, and, thus, respondent should be permitted to discover and inspect documents ranging from 1993 to present "based upon many fraud factors and irregularities captured in the [DHCR] rent history . . . ." (NYSCEF Doc No. 10, respondent's attorney's affirmation ¶ 11.) Respondent's attorney argued that respondent had met all of the factors generally considered by the court when determining motions for discovery including "a meritorious fraudulent overcharge claim" and that he has "[a] need for [the requested] documents since they are crucial to his case, and the documents cannot be easily obtained elsewhere." (Id. ¶¶ 32, 48.)

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