Case Type

Holdover-Lease Expiration

Housing Type

Disputed

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT-329359-25/KI

Petitioner

Allina Isaac

Respondent

Cecil Washington; Ayisha Mitchell

Judge

Bacdayan, Karen M.

Decision/Order Date

2026-09-02

Posture

Post-Answer Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In no-grounds holdover in allegedly unregulated apartment, court grants tenant's motion to compel landlord to comply with discovery demands under CPLR 3124 regarding tenant's de facto rent stabilization defense, and conditionally precludes landlord from presenting certain evidence at trial under CPLR 3126 if landlord fails to comply. Landlord's cross-motion denied. Court admonishes landlord that it bears the burden of proving the apartment is not rent regulated.

Keywords

Discovery; Motion to Compel Landlord to Comply with Discovery Demands Granted Under CPLR 3124; Landlord Will be Precluded from Presenting Certain Evidence at Trial Under CPLR 3126 Upon Failure to Comply with Discovery Demands Regarding De Facto Rent Stabilization Defense

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