Recitation, as required by CPLR Rule 2219(a), of the papers considered in the review of Petitioner’s motion for discovery and the cross-motion of Respondents Linda Idi and Gloria Ezerioha for partial summary judgment: Papers NYSCEF Doc # Notice of Motion 8 Attorney’s Affirmation in Support of Motion 9 Affidavit in Support of Motion 10 Exhibits A-F 11-16 Notice of Cross-Motion 17 Attorney’s Affirmation in Support of Cross-Motion & Opposition to Motion 18 Affidavit in Support of Cross-Motion 19 Memorandum of Law 20 Exhibits A-C 21-23 Attorney’s Affirmation in Opposition to Cross-Motion 26 Exhibits A-D 27-30 Attorney’s Reply Affirmation 32 Exhibit A 33 Upon the foregoing papers and for the reasons that follow, the cross-motion of Respondent-Tenants Idi and Ezerioha for partial summary judgment is granted, Petitioner’s discovery motion is denied as moot and the proceeding is set down for an in-person, pre-trial conference on Petitioner’s remaining grounds for eviction on June 2, 2022 at 2:30 p.m. BACKGROUND & PROCEDURAL HISTORY This is a holdover proceeding brought against the tenants and alleged occupants of a Rent Stabilized apartment on two grounds: illegal sublet and failure to comply with household composition and income recertification requirements. The attorney-verified Petition is based on a notice to cure dated February 19, 2020 and a termination notice dated March 16, 2020, copies of which are attached to the Petition. These notices assert that since December 2018 Respondent-Tenants have not been seen at the subject apartment and Respondent-Occupants Vincent “Doe”, “John Doe” and “Jane Doe” — who are not on the lease or included on “Tax Credit Recertification” forms — have been observed coming and going. Due to the COVID-19 pandemic, the case was not calendared until November 16, 2021, when it was heard in “Intake Part 2″ and then assigned to Resolution Part C. Shortly thereafter, Respondent-Tenant Idi retained counsel and filed a Verified Answer, sworn to December 10, 2021, in which she, inter alia, denies any illegal sublet and asserts that (1) she lives in the premises with her minor son and her mother, Respondent-Tenant Gloria Ezerioha; (2) Vincent “Doe” is her brother Vincent Ezerioha; and (3) Vincent, his girlfriend and his twin brother often visit the apartment to babysit Ms. Idi’s son while she is at work. After several unsuccessful settlement conferences, Petitioner moved for discovery related to its illegal sublet claim, seeking document production and depositions of the Respondent-Tenants. Petitioner’s motion is supported by the affidavit of its agent Juliana Nicole Addo, who asserts that Petitioner believes Respondent-Tenants are illegally subletting their apartment because, “Gloria Ezerioha has been in Nigeria for approximately the past three years, and Linda Idi lives elsewhere as evident by documents she submitted during a recertification…”. Addo Affidavit, sworn to February 23, 2022, at 2. The documents mentioned — Federal and State tax returns for 2018 and pay stubs from September 2019 — reflect an address on Darrow Place in the Bronx, and are attached as Exhibits A, B and C (NYSCEF Document ## 11, 12 and 13). Further, Ms. Addo asserts that (1) the Respondent-Tenants “are never seen in and about the Building and the Premises”; (2) during “the last unit inspection” in October 2020 the only occupants were “Vincent Doe, and persons unknown to Petitioner”; and (3) “Vincent and another male individual are the only ones seen in or about the Premises and Building on a regular basis.” Addo Affidavit at 3. Respondent-Tenants, both now represented by the same counsel, oppose Petitioner’s motion for discovery as overly broad and moot and cross-move for partial summary judgment and dismissal of Petitioner’s illegal sublet claim. The motion is supported by the affidavit of Respondent-Tenant Idi, who asserts that she has lived in the subject apartment as her primary residence since 2010 with her mother, Respondent-Tenant Gloria Ezerioha, and her son who is autistic and “requires adult supervision at all times.” Idi Affidavit, sworn to March 14, 2022, at
