On March 25, 2026, the Second Department issued a decision in Yong Hong Xie v. Lan Chen, 2026 NY Slip Op. 01818, holding that a party was bound by a discovery stipulation it agreed to . . . Continue reading Party Bound by Discovery Stipulation
On February 18, 2026, the Second Department issued a decision in Sanchez v. Uber Tech., Inc., 2026 NY Slip Op. 00926, holding that a motion for discovery sanctions was properly denied because of the movant’s failure to submit an affirmation of good faith . . . Continue reading Motion for Discovery Sanctions Failed for Lack of Affirmation of Good Faith
On January 27, 2026, the First Department issued a decision in Blumenfeld v. Smith, 2026 NY Slip Op. 00308, holding that a demand for a bill of particulars seeking evidentiary material was improper . . . Continue reading Demand for Bill of Particulars Seeking Evidentiary Material Improper
On January 22, 2026, the First Department issued a decision in EPAC Tech. LTD v. Interforum S.A., 2026 NY Slip Op. 00308, holding that the French blocking statute did not bar discovery in a New York action . . . Continue reading French Blocking Statute Did Not Bar Discovery in New York Action
On January 8, 2026, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2026 NY Slip Op. 00053, holding that a motion to strike was deficient because it was not supported by an affirmation of good faith . . . Continue reading Motion to Strike Fails for Lack of Affirmation of Good Faith
On November 20, 2025, the First Department issued a decision in Sherman v. Zampella, 2025 NY Slip Op. 06397, holding that a discovery sanction was inappropriate because of insufficient evidence of an intentional refusal to provide discovery . . . Continue reading Sanction Inappropriate Because of Insufficient Evidence of Intentional Refusal to Provide Discovery
On October 16, 2025, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2025 NY Slip Op. 05744, holding that a court lacked the power to order discovery of a foreign non-party without following the Hague Convention process . . . Continue reading Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process
On September 4, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2025 NY Slip Op. 33303(U), refusing to delay summary judgment because the defendant could not identify additional discovery needed . . . Continue reading Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed
On September 5, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Oasis Invs. II Master Fund Ltd. v. Mo, 2025 NY Slip Op. 33342(U), striking the defendants’ answers as a sanction for discovery misconduct . . . Continue reading Answers Struck as Sanction for Discovery Misconduct
On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in RSM US LLP v. Notes, 2025 NY Slip Op. 32971(U), rejecting a JHO’s award of sanctions because of the movant’s failure to meet and confer as required by the Commercial Division rules . . . Continue reading Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
