PAMELA EQUITIES v. FREY CO.


120 Misc.2d 281 (1983)

Pamela Equities Corp., Petitioner, v. Louis Frey Co., Inc., Respondent.

Civil Court of the City of New York, New York County.

July 8, 1983


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Clifford A. Entes of counsel), for petitioner. Burns, Summit, Rovins & Feldesman (David Rosenberg of counsel), for respondent.


DAVID B. SAXE, J.

Although it is a well-established rule that the nature and purpose of summary proceedings are such that disclosure should rarely be granted, where the summary proceeding concerns complex rent escalation charges billed as "additional rent" under the terms of the lease, covering an extensive time period, a presumption in favor of permitting discovery should be indulged in by a court.

The respondent seeks discovery and inspection...

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