Court Permits Pretrial Questioning Back to 1984

LVT Number: #32932

Tenants filed a class action lawsuit against landlord in 2018 for rent overcharges. The court rejected landlord's request to limit pretrial questioning and document production to a four-year period and instead set the discovery period as beginning in 1984. Landlord then asked to renew and reargue its prior request. The court ruled against landlord. Landlord presented no new facts or change in the law that would change the prior determination.

Tenants filed a class action lawsuit against landlord in 2018 for rent overcharges. The court rejected landlord's request to limit pretrial questioning and document production to a four-year period and instead set the discovery period as beginning in 1984. Landlord then asked to renew and reargue its prior request. The court ruled against landlord. Landlord presented no new facts or change in the law that would change the prior determination. An appeals court had upheld the court's prior ruling that found that tenants' complaint properly asserted a claim that landlord engaged in a fraudulent scheme to evade rent stabilization. So there was no basis to permit renewal or reargument of landlord's prior motion to limit discovery.

Quinatoa v. Hewlett Assocs., LP: Index No. 151132/2018, 2023 NY Slip Op 33094(U)(Sup. Ct. NY; 9/7/23; Kraus, J)