On June 10, 2026, the Second Department issued a decision in Watts v. Espinoza, 2026 NY Slip Op. 03697, holding that a trial court did not abuse its discretion in refusing to enforce a default provision in a discovery stipulation . . . Continue reading Court Did Not Abuse Discretion in Refusing to Enforce Default Provision of Discovery Stipulation
On May 13, 2026, the Second Department issued a decision in Harrison v. 160-01 Jamaica Ave. Corp., 2026 NY Slip Op. 02970, holding that a trial court should have vacated a note of issue because of changed circumstances . . . Continue reading Court Should Have Vacated Note of Issue Because of Changed Circumstances
On May 7, 2026, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2026 NY Slip Op. 02875, holding that a plaintiff had met the high burden of justifying the issuance of a Hague Convention letter request . . . Continue reading Plaintiff Meets High Burden Justifying Issuance of Hague Convention Letter Request
On April 17, 2026, Justice Boddie of the Kings County Commercial issued a decision in WHOP, Inc. v. Salisbury, 2026 NY Slip Op. 31693(U), awarding limited spoliation sanctions for negligent destruction of evidence because of limited evidence of prejudice . . . Continue reading Court Awards Limited Spoliation Sanctions For Negligent Destruction of Evidence Because of Limited Evidence of Prejudice
On April 22, 2026, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2026 NY Slip Op. 50568(U), holding that tax records are discoverable only when they are indispensable . . . Continue reading Tax Records Discoverable Only When They Are Indispensable
On April 23, 2026, the First Department issued a decision in Anderson v. Lubin, 2026 NY Slip Op. 02440, holding that plaintiffs were not allowed to depose defendants before defendants deposed plaintiffs . . . Continue reading Plaintiffs Not Allowed to Depose Defendants Before Defendants Deposed Plaintiffs
On March 26, 2026, Justice Patel of the New York County Commercial Division issued a decision in Irizarry v. Zelaya, 2026 NY Slip Op. 31254(U), holding that a Notice to Admit cannot be used as a means to discover facts . . . Continue reading Notice to Admit Cannot be Used as a Means to Discover Facts
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
