Case Type

Other

Housing Type

Rent Stabilized

Court

Supreme Court, Appellate Term, First Department

County

New York County (Manhattan)

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

570512/26

Slip Opinion Number

2026 NY Slip Op 50968(U)

Petitioner

BELLSTELL 140 EAST 56TH STREET LLC

Respondent

DALVA FERREIRA A/K/A DALVA FERREIRA AUFIERO, JOHN DOE AND/OR JANE DOE (JANAINA AUFIERO)

Judge

Tisch, J.P.; Perez, J.; Alpert, J.; Ferdinand, Tracy E. (Hous Ct, lower court)

Decision/Order Date

2026-06-24

Posture

Other

Disposition

Other

Winner

Other

Synopsis

In this holdover, the Appellate Term, First Department affirms the Housing Court's order granting discovery to the tenants on their harassment claims, but reverses the portions disqualifying Rose & Rose and allowing the tenants to depose petitioner's attorney. The attorney had allegedly called the grieving family hours after the tenant of record died and informed them they were not authorized to remain in the rent-stabilized unit.

Keywords

Discovery Granted on Harassment Claim; Discretion Abused in Granting Motion to Disqualify Petitioner's Counsel; Court Erred in Granting Leave to Depose Petitioner's Counsel

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