Case Type

Holdover-Non-primary Residence

Housing Type

HDFC

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 303231/23

Slip Opinion Number

2025 NY Slip Op 51584(U)

Petitioner

547 West 147th Street HDFC

Respondent

Vaughn Henry; DIANA HENRY; ZACHARIAH MACK

Judge

Guthrie; Clinton; J.

Decision/Order Date

2025-09-19

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this non-primary residence holdover proceeding; the court granted the tenant's motion for a protective order in part; striking most items in the landlord's notice to admit. The court ruled that CPLR 3123 precludes notices to admit from seeking admissions on ultimate facts central to the case; such as the tenant's primary residence; employment; or voting history in another state. Only admissions concerning the existence and genuineness of a lawsuit were deemed proper. The court also granted the tenant leave to amend their answer to add an affirmative defense challenging the landlord's authority to terminate the proprietary lease; finding it not palpably insufficient or devoid of merit.

Keywords

Protective Order to Limit Discovery; Scope of Notice to Amid; Notice to Admit Not Proper for Matters Material to the Case; Motion to Amend Answer Granted

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