Court Grants Pre-Trial Questioning on Rent Overcharge Claim

LVT Number: #30271

Landlord sued to evict month-to-month tenant when tenant's lease expired, claiming that the apartment was deregulated. Tenant claimed that the apartment was improperly deregulated and that there was a rent overcharge. Tenant asked the court for permission to conduct pretrial questioning. Landlord argued that discovery wasn't warranted because there was no substantial indication of fraud requiring examination of the apartment's rent history beyond the four years preceding the date of the overcharge claim.

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3440 Broadway BCR LLC v. Greenfield: 64 Misc.3d 1217(A), 2019 NY Slip Op 51194(U) (Civ. Ct. NY; 7/19/19; Capell, J)