On April 30, 2025, the Second Department issued a decision in Happy 8 Realty Corp. v. Great World Realty, LLC, 2025 NY Slip Op. 02575, holding that a defendant should not have been granted summary judgment before discovery was complete . . . Continue reading Defendant Should Not Have Been Granted Summary Judgment Before Discovery Complete
On April 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in DOIT Hospitality Del. LLC v. Reuben Bros. Ltd., 2025 NY Slip Op. 50532(U), ordering a plaintiff to produce a witness who lived outside the United States for an in-person deposition in New York . . . Continue reading Plaintiff Ordered to Produce Witness Who Lived Outside the US for an In-Person Deposition in New York
On March 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Aareal Capital Corp. v. 462BDWY Land, L.P., 2025 NY Slip Op. 30952(U), denying a discovery motion for failure to comply with the Commercial Division Rule 14 dispute resolution process . . . Continue reading Motion to Compel Denied for Failure to Comply with Commercial Division Rule 14 Dispute Resolution Process
On March 19, 2025, the Second Department issued a decision in Reid v. Green, 2025 NY Slip Op. 01657, holding that the unexcused failure to complete discovery by the note of Issue date waived the right to take that discovery . . . Continue reading Unexcused Failure to Complete Discovery Before Note of Issue Date Waives Right to Take it
On March 20, 2025, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2025 NY Slip Op. 01711, affirming a discovery sanction for a late night document dump made after the deadline for document production . . . Continue reading Plaintiff Sanctioned For Late Night Document Dump After Deadline for Production
On January 22, 2025, the Second Department issued a decision in Gordon v. Field, 2025 NY Slip Op. 00308, holding that spoliation sanctions are unavailable when there was no duty to preserve evidence for litigation . . . Continue reading Spoliation Sanctions Unavailable When No Duty to Preserve Evidence for Litigation Existed
On January 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Perella Weinberg Partners LLC v. Kramer, 2025 NY Slip Op 50024(U) [84 Misc 3d 1263(A)], holding that a notice to admit may be served after the note of issue is filed . . . Continue reading Notice to Admit May Be Served After Note of Issue is Filed
On December 4, 2024, the Second Department issued a decision in Patsiouras v. Koklanos, 2024 NY Slip Op. 06053, holding that failure to comply with a conditional discovery order justified striking a defendant’s answer and counterclaims . . . Continue reading Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims
On October 21, 2024, Justice Reed of the New York County Commercial Division issued a decision in Bagatelle Little W. 12th LLC v. JEC II, LLC, 2024 NY Slip Op. 51437(U), holding that a party seeking discovery is not required to prove that the evidence it seeks exists . . . Continue reading Party Seeking Discovery Not Required to Prove That Evidence it Seeks Exists
On October 24, 2024, the First Department issued a decision in Matter of Barons Media, LLC v. Shapiro Legal Group, PLLC, 2024 NY Slip Op. 05301, holding that a non-party was entitled to reimbursement of reasonable attorneys’ fees in responding to a subpoena . . . Continue reading Non-Party Entitled to Reimbursement of Reasonable Attorneys’ Fees in Responding to Subpoena
