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Marmion Assoc. LP v. Carter

Discovery Beyond Four-Year Look Back Period Granted Based on Sufficient Indicia of Fraud

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Recitation, as required by CPLR §2219(a), of the papers considered in the review of the instant motion.Papers NumberedNotice of Motion, Affidavit and Annexed (ex. A-G)            1Affirmation in Opposition, (ex. A-E)    2Affirmation in Reply (ex. A& B)           3DECISION/ORDER

*1  Upon the foregoing cited papers, the Decision/Order on the instant motion is as follows: In this nonpayment proceeding, Petitioner seeks to recover possession of the subject rent stabilized apartment based upon Respondent’s failure to pay duly demanded rent arrears. Petitioner alleges that the subject apartment is registered with the New York State Division of Housing and Community Renewal (“DHCR”) and that the rent demanded does not exceed the legally collectible rent.Respondent, by counsel, interposed a written answer with affirmative defenses challenging the legal rent, claiming a rent overcharge and contesting the claim for an additional security deposit. Respondent also asserted counterclaims seeking an abatement based upon breach of the warranty of habitability and an award of legal fees.Respondent now moves for an Order permitting leave to amend his answer, pursuant to CPLR §3025(b), to include a counterclaim for rent overcharge and to conduct discovery, pursuant to CPLR §408.

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