Site 10 Cmty. All. Assocs. v. Owens, 2022-50336

CourtNew York Civil Court
Writing for the CourtFRANCES ORTIZ, J.
PartiesSite 10 Community Alliance Associates, Petitioner, v. Catherine Owens, Respondent.
Decision Date02 May 2022
Docket Number2022-50336,Index L & T 50106/20

Site 10 Community Alliance Associates, Petitioner,
v.

Catherine Owens, Respondent.

No. 2022-50336

Index No. L & T 50106/20

Civil Court of the City of New York, New York County

May 2, 2022


Unpublished Opinion

Douglas Acosta Guardian Ad Litem for Respondent

Phillip L. Wartell, Esq.

FRANCES ORTIZ, J.

Recitation as required by CPLR 2219(a), of the papers considered in the review of this Motion:

Papers/Numbered

Notice of Motion & Affirmation 1/NYSCEF 24

Affirmation in Opposition 2/NYSCEF 25

Upon the foregoing cited papers, the Decision/Order of this Motion(s) is as follows:

The motion by Respondent's Guardian Ad Litem ("GAL") for a protective order based on CPLR §3103 denying a disclosure device - Petitioner's Notice to Admit- is granted for the reasons discussed below.

This is a holdover proceeding based on breach of the lease in a project based Section 8 apartment subject to the regulations of the Department of Housing and Urban Development ("HUD"). Specifically, the notice of termination indicates that Respondent has breached paragraph 13 of the HUD lease argument which states: "The Tenant must live in the unit and the unit must be the Tenant's only place of residence." As such, the heart of the issue of this holdover is Respondent's place of residence.

The proposed Notice to Admit served on Respondent's CPLR Article 12 GAL contains six (6) statements seeking admissions to the truth and correctness of some of the following terms: that Respondent is the tenant of record of the subject premises (332 East 29th Street, apt. 4B, New York, NY 10025); that Respondent currently resides at a nursing facility; that Respondent has resided at a nursing facility in long term care, that Respondent has been residing at the nursing facility since November 15, 2018; that Respondent has no discharge plan from the nursing facility, and that Respondent has had no discharge plan from the nursing facility between November 15, 2018 and the date of the Notice.

CPLR § 3103(a) grants the court the authority on its own initiative or on motion of any party to make a protective order denying, limiting, conditioning or regulating a disclosure device, such as a Notice to Admit. Such protective order is designed to prevent unreasonable annoyance, expense, embarrassment, disadvantage or other prejudice to any person or the courts. A party who does not respond to a Notice to Admit is deemed to have admitted to the statements because...

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