Pamela Equities Corp. v. Louis Frey Co.

OPINION OF THE COURT

David B. Saxe, J.

Although it is a well-established rule that the nature and purpose of summary proceedings are such that disclosure should rarely be granted, where the summary proceeding concerns complex rent escalation charges billed as “additional rent” under the terms of the lease, covering an extensive time period, a presumption in favor of permitting discovery should be indulged in by a court.

The respondent seeks discovery and inspection of certain records that purportedly relate to the petitioner’s claim for operating expenses, electricity, real estate tax and…