Case Type

HP

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-324296-25/KI

Slip Opinion Number

2026 NY Slip Op 51464(U)

Petitioner

715 St. Marks Tenant Assn.

Respondent

M&M Crown Realty, LLC

Judge

Logan J. Schiff, J.

Decision/Order Date

2026-09-07

Posture

Post-Answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

HP case—tenants (35 rent-stabilized residents) establish ample need under CPLR 408 for narrowly tailored discovery. Seven interrogatories and ten documentary demands regarding elevator and boiler installation and maintenance are outside petitioners' custody or control. DOB and HPD violation records are insufficient alone: agency inspections measure operationality on a single visit and do not capture sporadic recurring outages or systemic failures indicating a need for replacement, as alleged. Respondents bear minimal burden; no possession-recovery urgency in HP enforcement proceedings.

Keywords

HP; Housing Part; Discovery; CPLR 408; Ample Need; Building-Wide Conditions; Broken Elevators; Broken Boilers; Lack of Heat and Hot Water; DOB; HPD Violations; Tenant Association; Seven Interrogatories; Information Outside Tenant's Control

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