Case Type

Holdover-Licensee

Housing Type

Other

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

322444/23

Slip Opinion Number

2025 NY Slip Op 51237(U)

Petitioner

1770 TPT LLC

Respondent

Michelle Jackman

Judge

Shahid, Omer

Decision/Order Date

2025-08-01

Posture

Other

Disposition

Other

Winner

Landlord Substantially Won

Synopsis

In this licensee holdover, the landlord sought to subpoena HRA for a deceased tenant's APS records to disprove the tenant's co-residency for a succession claim. HRA moved to quash, arguing the subpoena was procedurally defective for lack of a motion and personal service, and that the records were confidential. The court granted the motion to quash the original subpoena but, over HRA's objection on confidentiality, allowed a new subpoena to be served correctly. The court limited the scope of the new subpoena to a two-year window and issued a protective order to prevent embarrassment and abuse, balancing the need for evidence with confidentiality concerns.

Keywords

HRA Motion to Quash; Confidential Information; Allowed for Co-Residency; Service on a Municipal Corporation Requires Motion and Personal Service; CPLR § 2303(a)

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