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102 Christopher Street Realty Corp v. Franc D'ambrosio

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


February 25, 2011

102 CHRISTOPHER STREET REALTY CORP.,
PETITIONER-LANDLORD-APPELLANT,
v.
FRANC D'AMBROSIO,
RESPONDENT-TENANT-RESPONDENT, AND "JOHN DOE" AND/OR "JANE DOE,"
RESPONDENTS-UNDERTENANTS.

Landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered March 1, 2010, which denied that branch of landlord's motion seeking disclosure in this summary holdover proceeding.

Per curiam.

102 Christopher St. Realty Corp. v D'Ambrosio

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 25, 2011

PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ

Order (Jean T. Schneider, J.), entered March 1, 2010, insofar as appealed from, affirmed, with $10 costs.

Petitioner-landlord failed to show "ample need" for the disclosure demanded in this summary eviction proceeding (see New York Univ. v Farkas, 121 Misc 2d 643 [1983]). We note, too, that "a trial court is vested with broad discretion to supervise the discovery process, and its determinations in that respect will not be disturbed in the absence of demonstrated abuse" (Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman & Dicker, 1 AD3d 223, 224 [2003]), a showing not made here.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: February 25, 2011

20110225

© 1992-2011 VersusLaw Inc.



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