On March 18, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2024 NY Slip Op. 30884(U), quashing subpoenas to governmental agencies for failure to give CPLR 2307 notices . . . Continue reading Subpoenas to Government Agencies Quashed for Failure to Give CPLR 2307 Notice
On April 4, 2024, the First Department issued a decision in Kenney v. Essex Mgt. Co., 2024 NY Slip Op. 01871, holding that the parties to a lawsuit waived further discovery by failing to complete discovery by the Note of Issue date . . . Continue reading Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date
On March 28, 2024, the First Department issued a decision in Lis v. Lancaster, 2024 NY Slip Op. 01763, holding that a court may assess monetary discovery sanctions even if a motion for sanctions does not seek them . . . Continue reading Court May Assess Monetary Discovery Sanctions Even if Motion for Sanctions Does Not Seek Them
On January 31, 2024, the Second Department issued a decision in Mention v. Archbishop Stepinac High Sch., 2024 NY Slip Op. 00416, dismissing a complaint for failure fully to provide discovery . . . Continue reading Complaint Dismissed for Failure Fully to Provide Discovery
On January 2, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 30101(U), ordering the plaintiff and defendant to share the cost of ESI production . . . Continue reading Court Orders Plaintiff and Defendant to Share ESI Production Costs
On January 10, 2024, the Second Department issued a decision in JPMorgan Chase Bank N.A. v. Nehorayoff, 2024 NY Slip Op. 00066, holding that the repeated failure to provide discovery warranted sanctions notwithstanding the defendants’ assertion that they were willing to provide discovery . . . Continue reading Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery
On December 22, 2023, Justice Chan of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Richmond Stuyvesant Holdings, LLC, 2023 NY Slip Op. 34525(U), holding that despite the dismissal of claims against then, defendants should nonetheless be sanctioned for discovery misconduct . . . Continue reading Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct
On December 19, 2023, Justice Chan of the New York County Commercial Division issued a decision in Millennium Consolidated Holdings, LLC v. Bluefin Capital Mgt., LLC, 2023 NY Slip Op. 34466(U), rejecting a subpoena as a fishing expedition . . . Continue reading Court Rejects Subpoena as Fishing Expedition
On December 3, 2023, Justice Masley of the New York County Commercial Division issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt Vr Ltd., 2023 NY Slip Op. 34245(U), refusing to enforce a subpoena that was not served in conformance with the Uniform Interstate Deposition and Discovery Act . . . Continue reading Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act
On October 3, 2023, Justice Knipel of the Kings County Commercial Division issued a decision in Bruce v. Solny, 2023 NY Slip Op. 34070(U), holding that discovery demands that are overbroad should be stricken, not rewritten by the court . . . Continue reading Discovery Demands That Are Overbroad Should be Stricken, Not Rewritten by the Court
