Judge John Henry Stanley
Landlord commenced a non-payment action. Tenants asserted breach of warranty of habitability as a defense and counterclaim in their answer, seeking an abatement of rent arrears. Landlord moved to quash tenants’ subpoenas, making a motion in limine to limit the scope of time for tenants’ abatement claim. The court denied the motion to quash finding the requested information was not "utterly irrelevant." It noted the production of the documents and information from DHCR could aid tenants’ breach of warrant of habitability claim. Yet, the court granted limiting the time period covered by the subpoenas to Oct. 6, 2005, six years before tenants’ answer and counterclaim, as the statute of limitations for a contractual obligation or liability was six years. Landlord further sought to limit tenants’ abatement to May 6, 2009, the date the parties entered into a general release, yet tenants argued the release solely addressed claims relating to the amount of the legal regulated and maximum collectable rent. The court agreed noting the release stated tenants were not precluded from filing future claims against landlord, but could not challenge the existing rent. Thus, it limited the scope of tenants’ abatement to the same period as the subpoenas.
