im.
Respondent questions the validity of petitioner's assertions. Respondent states that she has no personal knowledge about petitioner's actual intentions for using the apartment and that a basis exists to question petitioner's credibility and his good-faith intentions. First, respondent asserts that petitioner has an economic incentive to evict the rent-regulated tenants in the building, to regain possession of the apartments, and to re-rent them at market rates. Second, respondent alleges that petitioner owns other properties in New York City to which he could move without having to evict respondent. Third, respondent asserts she has reason to know that petitioner cannot possibly recover all the apartments in the building to create a "single family home." According to respondent, one of the tenants cannot be evicted. Finally, respondent asserts that the true purpose of this owner's use proceeding is retaliation because she has rallied the other tenants in the building against petitioner. (See Natalie Ulrich's affidavit, Sept. 6, [*3]2005, ¶¶ 7-11.)
II. Legal Standard for Disclosure in Owner's Use Proceedings
Disclosure is unavailable as a matter of right in summary proceedings. Leave of the court must be obtained to conduct disclosure. The primary purpose of the leave requirement is to make summary proceedings expedient and reduce costs. But no per se rule prohibits disclosure in summary proceedings, and "a summary proceeding, despite its name, is nonetheless a judicial proceeding, and . . . the ends of justice ought not be sacrificed to speed." (42 W. 15th St. Corp. v Friedman, 208 Misc 123, 125 [App Term, 1st Dept 1955, per curiam].)