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IOANNOU v. 1 BK ST. CORP.

Index No. 160523/19. Appeal No. 15612. Case No. 2021-02075.

203 A.D.3d 627 (2022)

163 N.Y.S.3d 398

2022 NY Slip Op 02089

Athas Ioannou, Respondent, v. 1 BK Street Corp., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 29, 2022.

Attorney(s) appearing for the Case

Golino Law Group, PLLC, New York ( Santo Golino of counsel), for appellant.

Adam Leitman Bailey, P.C., New York ( Jeffrey R. Metz of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Friedman, Kennedy, Mendez, JJ.

Defendants failed to establish that the subpoena should have been quashed for being "utterly irrelevant to any proper inquiry" (Velez v Hunts Point Multi-Serv. Ctr., Inc., 29 A.D.3d 104, 112 [1st Dept 2006]). On the contrary, the rent roll registration records sought in the subpoena are relevant to determine whether defendant engaged in a fraudulent scheme to deregulate plaintiff's apartment and other apartments in the building ...

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