DK STOCKHO LLC v. Roberts

In this nonpayment proceeding, the tenant challenged the landlord's claim that the premises were deregulated due to individual apartment improvements, asserting a rent overcharge. After initial discovery revealed conflicting evidence regarding the cost of a boiler installation, the tenant moved for additional discovery, including interrogatories and document production. The court granted the tenant's motion, finding "ample need" for the requested information due to the conflicting evidence, the information being exclusively within the landlord's control, and the requests being tailored to clarify disputed facts. The court denied the landlord's cross-motion for sanctions, concluding the tenant's conduct was not frivolous.