Trial Needed to Determine Whether Landlord's Renewal Lease Offer Was Valid

Landlord sued to evict rent-stabilized tenant based on tenant's failure to sign a renewal lease for the apartment. Tenant asked the court to dismiss the case, for permission to conduct discovery with respect to his counterclaims, and to consolidate his case with the case of another tenant in the building. The court denied tenant's requests.

Tenant appealed and lost. Tenant didn't prove that landlord's lease renewal offer was invalid, and there remained questions as to whether the renewal offer was at the legal regulated rent permitted and otherwise on the same terms and conditions as his expiring lease. In addition, tenant's request for pre-trial questioning and document production was overly broad and not carefully tailored. Tenant sought extensive records about the building, the adjoining building, other tenants, and vendors. The appeals court also found no reason to disturb the lower court's exercise of discretion to deny consolidation with another case. The other tenant's case had different facts and a different defense to the landlord's claim of failure to renew a rent-stabilized lease.

MHK Assoc., LLC v. Trapp: Index No. 571020/23, 2023 NY Slip Op 51263(U)(App. T. 1 Dept.; 11/22/23; Hagler, PJ, Tisch, J)