Petitioner-landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court, New York County (Pam B. Jackman-Brown, J.), dated May 17, 2006, which denied its motion for leave to conduct discovery with respect to tenant Kai Lin Li and struck specified items of its demand for document production with respect to respondent Kai Yun Li in a holdover summary proceeding.

PER CURIAM:

Order (Pam B. Jackman-Brown, J.), dated May l7, 2006, modified to grant petitioner-landlord leave to depose tenant Kai Lin Li and to direct respondent Kai Yun Li to comply with petitioner's document demand in its entirety for the time period commencing January 1994; as modified, order affirmed, without costs.

Petitioner-landlord showed "ample need" (see New York University v Farkas, 121 Misc 2d 643, 647 [1983]) to depose the (now departed) stabilized tenant, since it is clear that tenant possesses particular knowledge which could shed light on the occupancy issues raised by his brother, respondent Kai Yun Li, in connection with the latter's claimed tenancy interest in the subject apartment. The court properly denied that branch of petitioner's motion seeking the production of documents relating to the tenant's residency, an issue no longer in dispute. The documents sought by petitioner relating to tenant's brother's occupancy status, as temporally limited herein, are both germane to the proceeding and sufficiently narrow to permit ready compliance.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 09, 2008