COURT HOLDS SUMMARY JUDGMENT MOTION IN ABEYANCE PENDING DISCOVERY
When a landlord sought a declaration that it had properly deregulated a stabilized apartment, and moved for summary judgment [i.e., pre-trial relief] in its favor, the New York County Supreme Court ended up denying that request, without prejudice to refiling once all discovery in the case was completed.
On appeal, the Appellate Division, First Department, noted that sufficient evidence had been presented which (on its face) would have entitled ownership to relief. Among other things, it provided “written contracts, certificates of insurance liability, invoices, and a contractor's affidavit regarding the alleged individual apartment improvements (IAIs),” which would have deregulated the unit back in 2007.
However, in opposition to that paperwork, the tenant submitted a general contractor’s affidavit which suggested “the work [in the unit] was not in alignment with the scope of renovations set forth in the written contracts, and, furthermore, there were no City filings or permits attributable to the claimed renovations.”
Given that conflict, the AD1 left the outcome undisturbed.
Looks like there’s considerable room for improvement here …..
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DECISION