Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Marmion Assoc. LP v. Carter

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs