Atlantic Horizon Realty Corp. v. Rodriguez

OPINION OF THE COURT

Alan A. Bergstein, J.

This matter, a spoliation hearing, incidental to a nonpayment summary proceeding, was held before this court on February 25, 1999, and continued and concluded on March 8, 1999.

*401The matter commenced as a routine nonpayment summary proceeding, but the respondents, in their answer, interposed a number of affirmative defenses and counterclaims, alleging a breach of the warranty of habitability as a result of lead contamination within the subject premises. In response to a motion for discovery relating to the lead contamination, the Honorable John G. Marks…