Rent-Stabilized Tenant Didn't Comply with Document Production Order

Landlord sued to evict rent-stabilized tenant for nonprimary residence. When tenant failed to comply with an agreement to produce certain documents during  pretrial questioning, landlord asked the court to strike tenant's answer and defenses. The court ruled for landlord and struck tenant's answer unless he produced the documents in question. Tenant appealed and lost. Tenant failed to comply with the court-ordered discovery even after the lower court gave him more time to do so. The court wasn't required to find that tenant's conduct was willful since there already was an order in place. And tenant's failure to fully comply with documentary discovery, directed in three prior court orders over 11 months, was willful. Tenant was deemed to have admitted all the claims in landlord's petition, and the lower court properly awarded possession to landlord.

75-76 Third Avenue Assets I LLC v. Greenburg: 65 Misc.3d 128(A), 2019 NY Slip Op 51529(U) (App. T. 1 Dept.; 9/27/19; Shulman, PJ, Cooper, Edmead, JJ)