Party Has Standing to Move to Quash Third-Party Subpoena When it has a Proprietary Interest in the Records Sought

Party Has Standing to Move to Quash Third-Party Subpoena When it has a Proprietary Interest in the Records Sought

On August 25, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ohi Asset (NY) 93rd St., LLC v. Consigli Constr. Co., Inc., 2022 NY Slip Op. 32908(U), holding that a party has standing to challenge a third-party subpoena when it has a proprietary interest in the records being sought . . . Continue reading Party Has Standing to Move to Quash Third-Party Subpoena When it has a Proprietary Interest in the Records Sought

Discovery Motion Denied for Failure to Follow Discovery Dispute Rules

Discovery Motion Denied for Failure to Follow Discovery Dispute Rules

On May 4, 2022, Justice Reed of the New York County Commercial Division issued a decision in Maple Drake Austell Owner, LLC v. D.F. Pray, Inc., 2022 NY Slip Op. 50346(U), denying a discovery motion for failure to follow the Commercial Division Rules’ discovery dispute procedures . . . Continue reading Discovery Motion Denied for Failure to Follow Discovery Dispute Rules

Unintentional, But Grossly Negligent, Deletion of E-Mails Sufficient Basis for Spoliation Sanctions

Unintentional, But Grossly Negligent, Deletion of E-Mails Sufficient Basis for Spoliation Sanctions

On March 20, 2022, Justice Masley of the New York County Commercial Division issued a decision in RCSUS Inc. v. SGM Socher, Inc., 2022 NY Slip Op. 30926(U), holding that unintentional, but grossly negligent, deletion of e-mails was a sufficient basis for spoliation sanctions . . . Continue reading Unintentional, But Grossly Negligent, Deletion of E-Mails Sufficient Basis for Spoliation Sanctions

Party Not Allowed to Present at Trial Document it had Withheld as Privileged During Discovery

Party Not Allowed to Present at Trial Document it had Withheld as Privileged During Discovery

On April 14, 2022, the First Department issued a decision in Gottwald v. Sebert, 2022 NY Slip Op. 02492, holding that a party should not have been allowed to present at trial a document that it had withheld as privileged during discovery . . . Continue reading Party Not Allowed to Present at Trial Document it had Withheld as Privileged During Discovery

Interrogatory Seeking Identity of Clients to Whom Law Firm Gave Certain Advice Improperly Sought Privileged Information

Interrogatory Seeking Identity of Clients to Whom Law Firm Gave Certain Advice Improperly Sought Privileged Information

On February 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Berman v. Holland & Knight LLP, 2022 NY Slip Op. 30402(U), holding that an interrogatory seeking the identity of clients to whom a law firm gave certain advice improperly sought privileged information . . . Continue reading Interrogatory Seeking Identity of Clients to Whom Law Firm Gave Certain Advice Improperly Sought Privileged Information