A Manhattan Housing Court judge has refused to allow a landlord to conduct discovery in an eviction case against a rent-stabilized tenant, ruling that affidavits from the landlord’s employees claiming that they rarely saw the tenant and that he did not appear to live there most of the time were not enough to justify discovery in light of weaknesses and inconsistencies in the landlord’s case.
However, Civil Court Judge Peter Wendt (See Profile) stopped short in his June 4 decision in Ennismore Apartments v. Foster, 82732/12, of granting the tenant summary judgment, finding that the case should go to trial.
