Draper v. Georgia Properties, Inc.

I would reverse.

In this action seeking to recover rent overcharges on a rent-stabilized apartment on Central Park West, where the defen*461dant landlord has raised affirmative defenses and counterclaims based upon the claim that the subject apartment was not plaintiffs primary residence, summary judgment should not have been granted without affording defendant the opportunity to conduct its previously demanded discovery on the issue, which in many respects is peculiarly within plaintiffs knowledge (CPLR 3212 [f]; see generally, Cox v J.D. Realty Assocs., 217 AD2d 179).

First, it should be noted…