Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), entered June 2, 2011, which denied his motion to quash a subpoena duces tecum, to limit landlord's trial evidence, and to dismiss the petition in a holdover summary proceeding based upon chronic rent delinquency.
Ludor Props., LLC v Brooks
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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 29, 2011
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
(David J. Kaplan, J.), entered June 2, 2011, to the extent appealable, affirmed, with $10 costs.
The January 2011 holdover petition, based upon allegations that the stabilized tenant's "chronic[ ]" and "willful[ ]" rent defaults required landlord to commence three nonpayment proceedings, two bearing specified 2010 index numbers and a third bearing a specified 2009 index number, stated a cognizable possessory claim sufficient to withstand the tenant's CPLR 3211(a)(7) dismissal motion (see Greene v Stone, 160 AD2d 367 ).
Tenant's motion to quash the subpoena duces tecum was properly denied, since the records sought by landlord were not utterly irrelevant to any proper inquiry (see Velez v Hunts Point Multi-Serv. Ctr., Inc., 29 AD3d 104, 112 ). The issues raised by tenant in connection with the court's in limine evidentiary ruling are not presently reviewable (see Rodriguez v Ford Motor Co., 17 AD3d 159, 160 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 29, 2011
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