Water’s Edge 32 Limited Partnership v Bailey

Holding The Appellate Term affirmed the lower court’s judgment awarding possession to the landlord because the tenant breached the lease by repeatedly refusing access for necessary repairs. The court held that the tenant’s failure to seek leave for discovery prior to trial precluded her from presenting security camera footage.

The court’s words

The testimonial evidence adduced at trial showed that tenant breached her lease, and failed to cure said breach, by repeatedly denying access to the premises for necessary repairs

2026 NY Slip Op 51292[U], at the official text

Tenant's argument that she was denied the opportunity to present evidence at trial lacks merit, as tenant did not seek leave of court to conduct discovery prior to the trial

2026 NY Slip Op 51292[U], at the official text