Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570014/26
Slip Opinion Number
2026 NY Slip Op 50592(U)
Petitioner
Lex & Third 116th Street Corp.
Respondent
Rosa Vargas, Moises Mendoza, "John Doe," and "Jane Doe"
Judge
Brigantti, Tisch, Alpert
Decision/Order Date
2026-04-28
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
An appellate court reversed a lower court's order denying the tenant's motion for discovery in a nonpayment proceeding. The tenant sought discovery to determine if the premises constituted a horizontal multiple dwelling, which would subject it to rent stabilization. The appellate court found the lower court improvidently exercised its discretion, holding that the tenant demonstrated "ample need" for disclosure as the landlord possessed particular knowledge of the properties' ownership, management, and operation, and the tenant showed indicia of commonality between the buildings. The matter was remanded to the Civil Court to limit the scope of the overbroad discovery demands.
Keywords
Discovery Motion Improperly Denied; Horizontal Multiple Dwelling; Ample Need Demonstrated
Recommended Citation
"Lex & Third 116th St. Corp. v Vargas" (2026). All Decisions. 2202.
https://ir.lawnet.fordham.edu/housing_court_all/2202
