Uptown Realty Group L.P. v. Buffaloe

*431OPINION OF THE COURT

Maria Milin, J.

In this holdover proceeding to recover a rent-stabilized apartment on the ground that respondent does not maintain the apartment as her primary residence, petitioner moves for an order pursuant to CPLR 408 and 3102 (a) granting petitioner leave to take respondent’s deposition and require production of documents as well as payment of use and occupancy pendente lite at the rate of $2,038.44 per month. Petitioner also seeks to strike respondent’s counterclaim for legal fees. Respondent opposes and moves for an order pursuant to CPLR 3212 for summary judgment…