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MN Baldwin Isham LLC v. Carpenter

Tenant Shows Ample Need for Discovery Beyond Four-Year Look-Back Period in Non-Payment Proceeding

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Recitation, as required by CPLR 2219(A), of the papers considered in the review of this Motion:Papers NumberedNotice of Motion, Affirmation & Annexed Exhibits             1Affirmation in Opposition    2Replying Affirmation           3OtherDECISION/ORDER

*1  Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:Relevant Factual HistoryMN Baldwin Isham LLC (“petitioner”) commenced this non-payment proceeding against Akasha Carpenter (“respondent”) to recover rental arrears, based upon a monthly rent of $1450.00, for Apartment 43 located at 549 Isham Street, New York, New York (“subject premises”). On February 1, 2016, respondent consented to a final judgment of possession in the amount of $5,775.00 representing all rent due through February 2016, with execution of the warrant stayed through March 17, 2016. Respondent moved by order to show cause for an extension of time to pay the arrears and the parties settled the motion by stipulation of settlement dated March 25, 2016. Respondent filed a second order to show cause and it was granted by the Court in a decision dated April 28, 2016.

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