Case Type

Holdover-Licensee

Housing Type

Rent Controlled

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

301046-22

Slip Opinion Number

2026 NY Slip Op 26009

Petitioner

5539-181 and 182 Prospect Park West Brooklyn LLC

Respondent

Christopher Rivera; CHRISTIAN RIVERA; ALEXANDER RIVERA; ANGELO RIVERA; CYNTHIA RIVERA; CYNTHIA VARGAS; JOHN DOE; JANE DOE

Judge

Bacdayan, Karen, M.

Decision/Order Date

2026-01-14

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this licensee holdover for succession rights to a rent-controlled apartment, the landlord sought possession after the tenant-of-record's death, alleging the respondent was a licensee without succession. The landlord served judicial subpoenas on the Administration for Children's Services (ACS) and the Office of Children and Family Services (OCFS) for extensive records related to the deceased tenant's foster parenting. The tenant moved to quash the ACS subpoena, arguing it was impermissibly broad, a fishing expedition, and sought confidential information about non-party minors. The court granted the tenant's motion, finding the landlord was not a proper party to seek foster care records under Social Services Law § 372(3) and failed to demonstrate a legitimate need for confidential information concerning vulnerable minors. The court held that such broad, improper subpoenas for confidential data should not be condoned.

Keywords

Subpoena Quashed; Landlord Sought Production of Records from Administration for Children’s Services (ACS); ; Landlord Not Proper Party to Subpoena Foster Care Records Under Social Services Law § 372[3] and Failed to Make Heightened Showing of Need for Confidential Records Involving Minors

Download

Takedown Policy

Share

COinS