Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 317100/23
Slip Opinion Number
50541(U)
Petitioner
OMAR ELTORAI
Respondent
LAURA HEALY,THOMAS MCNULTY, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton J.
Decision/Order Date
2024-05-08
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this non-payment case, respondents sought discovery regarding their affirmative defense and counterclaim of breach of warranty of habitability under Real Property Law § 235-b. The court applied the "ample need" standard, considering factors from New York University v. Farkas, and granted discovery for specific documents, finding them tailored to clarify issues or aid settlement. While denying some requests as overly broad, the court ordered production of relevant documents, acknowledging the complexity of habitability claims.
Recommended Citation
"ELTORAI v. HEALY" (2024). All Decisions. 1540.
https://ir.lawnet.fordham.edu/housing_court_all/1540
