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
On September 26, 2024, Justice Chan of the New York County Commercial Division issued a decision in Novum Energy Trading Inc. v. Transmontaigne Operating Co. L.P., 2024 NY Slip Op. 33524(U), holding that requests to admit that go to material issues are improper . . . Continue reading Requests to Admit Going to Material Issues Improper
On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2024 NY Slip Op. 33528(U), striking a plaintiff’s complaint for failure to provide discovery . . . Continue reading Plaintiff’s Complaint Struck for Failure to Engage in Discovery
On October 8, 2024, the First Department issued a decision in Coney Is. Auto Holdings, Corp. v. Parts Auth., LLC, 2024 NY Slip Op. 04900, affirming the imposition of spoliation sanctions on a plaintiff that deleted e-mails on the day it sent a litigation demand letter . . . Continue reading Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter
On September 19, 2024, Justice Reed of the New York County Commercial Division issued a decision in Sumec Textile & Light Indus. Co., Ltd. v. Zee Co. Apparel Corp., 2024 NY Slip Op. 51306(U), requiring a foreign plaintiff to come to New York to be deposed . . . Continue reading Foreign Plaintiff Required to Come to New York for Deposition
On September 12, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Sojka v. Eisenman, 2024 NY Slip Op. 33212(U), quashing a subpoena because it was intended to determine if evidence existed rather than to obtain evidence . . . Continue reading Subpoena May Not Be Used to Determine if Evidence Exists
On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding that evidence disclosed in settlement discussions is not thereby shielded from disclosure in discovery . . . Continue reading Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery
On August 28, 2024, the Second Department issued a decision in Lewis v. Bartow, 2024 NY Slip Op. 04310, affirming the dismissal of a discovery motion for failure to submit an affidavit establishing the movant’s good faith efforts to resolve the dispute . . . Continue reading Discovery Motion Denied For Failure to Submit Affidavit Establishing Good Faith Efforts to Resolve Dispute
On July 18, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Peerenboom v. Marvel Entertainment, LLC, 2024 NY Slip Op. 32473(U), holding that a non-party should not be sanctioned for failing to preserve evidence . . . Continue reading Non-Party Not Liable for Failing to Preserve Evidence
