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
306651/22
Slip Opinion Number
2024 NY Slip Op 33424(U)
Petitioner
King George Apts LLC
Respondent
Diego Barragan, Kelly Vivas, John Doe, Jane Doe
Judge
Nembhard, Clifton A.
Decision/Order Date
2024-05-24
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In this non-payment case, the court granted the tenant's motion for discovery related to his rent overcharge defense. The landlord's objection to discovery exceeding the four-year look-back period was overruled due to the history of unexplained rent increases and prior exemptions. The court emphasized the need for a broader discovery scope based on potential fraudulent deregulation, thereby allowing access to rental history before the tenant's lease began, consistent with updated Rent Stabilization Law and Code provisions.
Recommended Citation
"King George Apts LLC v. Barragan" (2024). All Decisions. 1633.
https://ir.lawnet.fordham.edu/housing_court_all/1633
