Eltorai v. Healy

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.