82 Thomas St. Realty Corp. v. Skopic

(Civ. Ct. N.Y. Cty. 2/5/04)

We represented: Petitioner

Jean Schneider, J.

DECISION and ORDER Respondent's motion for summary judgment is denied as premature. In a case like this one, in which the facts are almost entirely within respondent's knowledge and control and not within petitioner's, it would be inappropriate to consider a motion by respondent for summary judgment before affording petitioner an opportunity to conduct discovery. The motion may be renewed following completion of discovery. Petitioner's motion for discovery is granted. I do not find petitioner's document request is unduly burdensome. However, items # 10 and 11 are stricken as they address an uncontested issue; item # 14 is limited to 2001 to present; and items 12, 13, 14, 17, and 18 respondent need not produce cancelled checks. Proceeding is marked off calendar for discovery, which shall be completed in 90 days.

That portion of petitioner's motion seeking to strike respondent's first through fifth affirmative defenses is also granted. Respondent does not oppose striking the first and second defenses. As to the third, I find that the predicate notice adequately informs the tenant of the landlord's claims and the facts upon which he relies and is reasonable under the circumstances. Hughes v. Lenox Hill Hospital, 226 AD2d 6 (1st Dept. 1996). The petitioner adequately states a cause of action (5th defense) and respondent offers no legal authority for her unconstitutionality defense (4th defense).