Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
315978-24/KI
Petitioner
558-566 PARKSIDE LLC
Respondent
YVETTE GARDNER
Judge
Basu, Shantonu
Decision/Order Date
2025-07-30
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a non-payment proceeding, the tenant's motion to interpose an amended answer and seek discovery was granted. The court found that the tenant met the "modified ample need" test for discovery and, because the alleged overcharge occurred within the six-year look-back period, no allegation of fraud was required. The court ordered the landlord to produce responsive documents, limited to a six-year period from the date the answer was filed. The landlord was also instructed to provide a "Jackson affidavit" if any documents could not be located.
Keywords
Post-HSTPA Rent Overcharge; Discovery Granted
Recommended Citation
"558-566 PARKSIDE LLC v. GARDNER" (2025). All Decisions. 1881.
https://ir.lawnet.fordham.edu/housing_court_all/1881
