Case Type

Holdover-Other

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-000698-24/KI

Petitioner

Christine M. Adlerberg; Scott Adlerberg

Respondent

Marc-Andre Ngono; "John" "Doe"; "Jane" "Doe"

Judge

Vincent, Raebel

Decision/Order Date

2025-07-02

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In a holdover proceeding where the landlord sought possession claiming the three-family premises was not subject to rent stabilization, the tenant moved for discovery. The tenant asserted a defense of de facto rent stabilization, alleging the building had been subdivided into six or more dwelling units. Applying the Farkas factors, the court found the tenant demonstrated ample need for discovery, as the information was directly related to a colorable defense and within the landlord's exclusive control. The court granted the tenant's motion, ordering the landlord to produce specific documents, and adjourned the case for a compliance conference.

Keywords

Discovery Granted; De Facto Rent Stabilization; Farkas Factors

Share

COinS