Case Type
Non-payment
Housing Type
Condominium
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-317100/23
Petitioner
OMAR ELTORAI
Respondent
LAURA HEALY, THOMAS MCNULTY, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton J.
Decision/Order Date
2024-05-08
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment case, the tenants moved for discovery relating to their warranty of habitability defense and counterclaim. Applying the "ample need" standard, the court granted the motion in part, permitting specific document requests likely to clarify disputed facts about premises conditions. However, it denied requests effectively serving as interrogatories, communications already possessed by tenants, and overly broad requests. The landlord was ordered to produce limited responsive documents. The court stated it would supervise any further discovery issues.
Recommended Citation
"Eltorai v. Healy" (2024). All Decisions. 1497.
https://ir.lawnet.fordham.edu/housing_court_all/1497
