Case Type

Holdover- Lease Expiration

Housing Type

Co-op

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-302171-24/NY

Slip Opinion Number

2026 NY Slip Op 26011

Petitioner

Edelstein LLC

Respondent

Dionis Rodriguez, Et al.

Judge

Meyers, Adam J.

Decision/Order Date

2026-01-21

Posture

Post-answer Motion by Landlord, Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord, Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

This is a consolidated decision for motions related to five no-grounds holdovers, where all five of the respondent-tenants are sub-lessees who live in a building that is legally a cooperative but where it is undisputed that petitioner Edelstein LLC has owned shares that correspond to 84 of the 85 units in the building since at least the year 2000.

Respondent-tenants raised defenses and counterclaims alleging that because the co-op is a sham, their apartments should not be exempt from rent regulation, and moved for discovery seeking information related to the co-op and whether or not it is functioning in a bona fide manner. Petitioner-landlord moved to strike various defenses and counterclaims raised in respondent-tenants’ Answers, including those related to unlawful deregulation and overcharge.

In its consolidated decision, the court substantially granted respondent-tenants’ motion for discovery, though narrowed the applicable timeframe. Notably, the court granted discovery demands against Grenville Owners Corp., the cooperative entity which is not a party to the holdover proceedings, on the basis that petitioner Edelstein LLC is likely in “constructive possession” of the documents and information sought because Edelstein LLC owns 98.8% of Grenville’s shares. The court also granted portions of petitioner-landlord’s motion to strike, though left intact all of respondents’ defenses and counterclaims related to the issues of illegal deregulation and overcharge.

Keywords

Coop; “Sham Cooperative”; Regulatory Status; Overcharge; Motion To Strike Defenses Granted In Part; Discovery Granted; CPLR 408

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