Nagel v. Grayson

OPINION OF THE COURT

Joseph E. Capella, J.

By notice of cross motion dated January 15, 2009, the respondent seeks dismissal of the instant summary holdover proceeding, suppression/preclusion of certain examination before trial *477(EBT) transcripts (CPLR 3103 [c]), and sanctions (22 NYCRR 130-1.1), due to the petitioners’ counsel engaging in allegedly improper discovery. This summary proceeding is based upon the petitioners’ allegation that the respondent tenant, Kenneth Grayson (Kenneth), does not primarily reside in the subject rent-controlled apartment. On April 11, 2007, the parties settled the…