Judge Jose Rodriguez

Wojcicka commenced this summary proceeding against rent stabilized tenant Severino in this summary proceeding for rent. Severino filed a pro se answer with general denials, claiming conditions existed in the premises needing repairs, or a failure to provide services. Wojcicka moved or leave to conduct discovery arguing the conditions in the premises were caused by Severino's unauthorized alterations. Severino cross-moved for leave to submit an amended answer including an affirmative defense of breach of the warranty of habitability due to alleged lack of gas in the premises. The court noted CPLR 408 permitted for disclosure with leave of court if there was ample need, but found Wojcicka's application premature, noting petitioner failed to show the requested information was related to its cause of action herein. As such, it ruled Wojcicka failed to show ample need, and that issues raised were not related to its cause of action or claims or defenses Severino raised in the answer, denying discovery. Yet, the court found Severino alleged a meritorious defense and counterclaim for breach of the warranty of habitability, while Wojcicka failed to show delay would prejudice or hinder it in any meaningful way. Hence, the cross-motion was granted.