The following e-filed documents, listed by NYSCEF document number (Motion 006) 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 365, 367, 392, 393, 394, 396, 397, 398, 399, 406, 408, 413, 414, 415, 417, 420, 421, 422, 423, 424, 425, 426, 427, 428, 430, 431, 432, 433 were read on this motion to/for DISCOVERY. The following e-filed documents, listed by NYSCEF document number (Motion 007) 362, 363, 364, 368, 374, 375, 376, 387, 388, 389, 390, 400, 407, 412 were read on this motion to/for DISCOVERY. The following e-filed documents, listed by NYSCEF document number (Motion 007) 362, 363, 364, 368, 374, 375, 376, 387, 388, 389, 390, 400, 407, 412 were read on this motion to/for ORDER OF PROTECTION. The following e-filed documents, listed by NYSCEF document number (Motion 009) 438, 439, 440, 441, 442, 443, 444, 445, 456, 457, 461, 462, 463 were read on this motion to/for DISCOVERY. The following e-filed documents, listed by NYSCEF document number (Motion 010) 450, 451, 452, 453, 454, 455, 459, 460, 464, 465 were read on this motion to/for DISCOVERY. DECISION + ORDER ON MOTION General Background: Plaintiff City of New York (“City”) commenced this action, alleging that the various defendants engaged in illegal short-term rentals in five buildings around New York City. Specifically, the City is alleging that the defendants had approximately 250 illegal Airbnb listings that generated millions of dollars in revenue. The City is seeking a permanent injunction against illegal short-term tenancies as well as fines. Motion Sequence 006: In Motion Sequence 006, the City moves pursuant to CPLR 3124 to compel defendants Linmar, L.P., Linmar Group, LLC, Caralex, and 230 East 30th LLC (“Abington Owner Defendants”) to respond to City’s First Set of Interrogatories and Demand for Discovery and Inspection (ordered September 4, 2019) as part of the settlement between City and Abington Owner defendants. The Abington Owner Defendants oppose the motion, citing that they have completed their discovery obligations. The City had previously settled their claims with the Abington Owner Defendants, and, as a condition of settlement, the Abington Owner Defendants are required to continue to provide discovery in this action. The Court grants the motion to the extent that the Abington Owner Defendants shall provide any outstanding documentary discovery within 60 days of this order or provide an affidavit stating that the document production that is the subject of this motion is complete. In addition, Abington Owner Defendants shall produce Linda Berley for deposition within 90 days of this order. Motion Sequence 007: In Motion Sequence 007, defendants Helm Management Inc., 200 Group, LLC, and 2118 Group, LLC (“Helm Owner Defendants”) move for a protective order to deny, limit, condition, or regulate plaintiff’s First Set of Interrogatories and First Demand for Discovery and Inspection. Plaintiff opposes and cross moves to compel Helm Owner Defendants to respond to the First Set of Interrogatories and First Demand for Discovery and Inspection. Helm Owner Defendants oppose the cross motion. The motion is denied, and the cross motion is granted. Helm Owner Defendants oppose the discovery demands primarily on the ground that the demands are allegedly unduly burdensome. Having reviewed the discovery demands (NYSCEF Doc. No. 364), the Court concludes that the demands are proper given the nature of the claims asserted in this action. Motion Sequence 009: In Motion Sequence 009, the City moves for a protective order to deny, limit, or condition the Helm Owner Defendants notices of deposition of four inspectors from the Department of Buildings (“DOB”), filed January 19, 2023. Helm Owner Defendants cross moves to compel the depositions of the four DOB inspectors and to proceed with depositions prior to the City defendants of the Helm Owner Defendants. The City opposes the cross motion. The motion is resolved as follows. Considering the positions of both sides, the City will need to produce the three inspectors who are currently employed by the City for depositions. The Helms Owner defendants will need to subpoena DOB Inspector Parczweski, as he is no longer employed by the City. The City will have deposition scheduling priority, as the Court recognizes that delays in discovery fall squarely on the Helm Owner Defendants. Motion Sequence 010: In Motion Sequence 010, the City moves for a protective order to deny, limit, or condition the Helm Owner Defendants notices of deposition of five inspectors from the Department of Buildings and four current or former New York City Police Department (“NYPD”) employees (filed February 21, 2023). Helm Owner Defendants cross move to compel the depositions. The City opposes the cross motion. The motion is resolved as follows and in coordination with Motion Sequence 009. As noted above, the City will have scheduling priority for depositions. The City must produce the named individuals who remain employed by the City, as they may have personal knowledge that the Helms Owner Defendants may need to form a defense. The Helms Owner defendants will need to subpoena former City officials that are no longer employed by the City. Accordingly, it is hereby, ORDERED that motion sequence 006 is granted to the extent that Abington Owner Defendants shall provide any outstanding documentary discovery within 60 days of this order or provide an affidavit stating that the document production that is the subject of this motion is complete, and the Abington Owner Defendants shall produce Linda Berley for deposition within 90 days of this order, and it is further, ORDERED that motion sequence 007 is denied, and the cross motion is granted, and the Helm Owner Defendants are directed to provide a response to the First Set of Interrogatories and First Demand for Discovery and Inspection within 60 days of this order, and it is further, ORDERED that motion sequence 009 is granted to the extent that the City shall produce the three inspectors that are still employed by the City for depositions within 120 days of this is order, and the City shall provide a last known address for the inspector who is not employed by the City, and it is further, ORDERED that the City shall have scheduling priority for depositions, and it is further, ORDERED that motion sequence 010 is granted to the extent that the City shall produce the DOB and NYPD employees who remain employed by the City for depositions within 120 days of this order, and the City shall provide a last known address for the employees who are not employed by the City. This is the decision and order of the Court. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED GRANTED IN PART X OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE Dated: May 15, 2023
