Discovery/Disclosure – Lundin PLLC

Commercial Case Notes / Discovery/Disclosure

When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue

On May 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in FitzCon Constr./Ren Corp. v. 5531-321 E. 22nd St. Manhattan LLC, 2025 NY Slip Op. 31692(U), holding that when a party fails to respond to a Notice to Admit is is deemed to have admitted the facts at issue . . . Continue reading When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue

Complaint Struck for Delay in Responding to Discovery Demands

On May 13, 2025, the First Department issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2025 NY Slip Op. 02872, holding that a trial court did not err in striking a complaint as a sanction for delayed responses to discovery demands . . . Continue reading Complaint Struck for Delay in Responding to Discovery Demands

Commercial Case Notes / Discovery/Disclosure

Defendant Should Not Have Been Granted Summary Judgment Before Discovery Complete

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

Commercial Case Notes / Discovery/Disclosure

Plaintiff Ordered to Produce Witness Who Lived Outside the US for an In-Person Deposition in New York

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

Commercial Case Notes / Discovery/Disclosure

Motion to Compel Denied for Failure to Comply with Commercial Division Rule 14 Dispute Resolution Process

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

Commercial Case Notes / Discovery/Disclosure

Unexcused Failure to Complete Discovery Before Note of Issue Date Waives Right to Take it

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

Commercial Case Notes / Discovery/Disclosure

Plaintiff Sanctioned For Late Night Document Dump After Deadline for Production

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

Commercial Case Notes / Discovery/Disclosure / Sanctions

Spoliation Sanctions Unavailable When No Duty to Preserve Evidence for Litigation Existed

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

Commercial Case Notes / Discovery/Disclosure

Notice to Admit May Be Served After Note of Issue is Filed

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

Commercial Case Notes / Discovery/Disclosure / Sanctions

Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims

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

Category: Discovery/Disclosure

When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue

Complaint Struck for Delay in Responding to Discovery Demands

Defendant Should Not Have Been Granted Summary Judgment Before Discovery Complete

Plaintiff Ordered to Produce Witness Who Lived Outside the US for an In-Person Deposition in New York

Motion to Compel Denied for Failure to Comply with Commercial Division Rule 14 Dispute Resolution Process

Unexcused Failure to Complete Discovery Before Note of Issue Date Waives Right to Take it

Plaintiff Sanctioned For Late Night Document Dump After Deadline for Production

Spoliation Sanctions Unavailable When No Duty to Preserve Evidence for Litigation Existed

Notice to Admit May Be Served After Note of Issue is Filed

Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims

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