Judge Eleanora Ofshtein
Landlords commenced this summary holdover proceeding in which the petition claimed Moriam Muritala sought tenant's rent stabilized apartment for herself and her immediate family. Tenant interposed objections and counterclaims, and moved for leave to conduct discovery. Petitioners cross-moved for protection from discovery. Tenant argued she resided in the apartment for over 30 years, and landlords previously brought cases against her to obtain possession of the apartment. She sought depositions from all named petitioners and their spouses to show their lack of good faith in seeking possession of the premises. The court stated where facts relating to the proposed use of the apartment, including landlords' good faith intention to use the apartment for their personal use, were in landlord's exclusive possession, discovery was warranted. It found tenant showed ample need to seek discovery of information directly related to her defense, and within landlords' control. The court also found scope of discovery was not limited to the named petitioners, permitting deposition of non-party witnesses, including Moriam's immediate family, who may assist in determining facts related to the cause of action.
