Motion for Leave to Obtain Discovery Predominately Denied

Respondent in the matter of Ninth Street LLC v Eli Mayorkas was predominately denied a leave to obtain discovery.

The matter is a holdover proceeding on the ground of nuisance. Specifically, Respondent left a gas burner on with no flame which emanated gas. Surrounding tenants and staff complained.

The condition had occurred previously, as well, prompting Petitioner to notify Respondent’s attorney. Since Respondent was privy to both substance of the nuisance and the complainants, the Court deemed discovery unnecessary. The Decision provided for a witness list to be submitted to Respondent, but primarily denied leave to obtain discovery.

The complete Decision and Order can be read here.

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