Opinion
04-312, 570469/04.
Decided October 18, 2005.
Petitioner appeals from an order of the Civil Court, New York County, dated June 4, 2004 (Joseph E. Capella, J.) which, inter alia, limited the scope of the discovery and information sought in its motion to produce documents and its motion to admit to the period between December 1992 and December 1994.
Order entered June 4, 2004 (Joseph E. Capella, J.) modified to allow the requested disclosure on the succession issue for the period December 1992 through May 2003; as modified, order affirmed, without costs.
PRESENT: SUAREZ, P.J., SCHOENFELD, J.
Respondent Goldstein, who claims to have occupied the stabilized apartment premises as her primary residence since 1991, asserted a succession defense that focused on the two-year period immediately preceding the 1994 death of her mother, the tenant of record (Rent Stabilization Code [ 9 NYCRR] § 2523.5[b]). Respondent admitted at deposition that she had someone sign her deceased mother's name on renewal leases executed in 1996, 1998 and 2000, effectively preventing petitioner from timely asserting a claim to possession and delaying commencement of the subject licensee holdover proceeding until May 2003. In the circumstances, and since respondent's post-1994 conduct is relevant to her succession claim ( see Garner v. Popolizio, 171 AD2d 539), we have extended the period of inquiry as indicated.
We have considered petitioner's remaining arguments and find them lacking in substantial merit.
This constitutes the decision and order of the Court.