Sanction Inappropriate Because of Insufficient Evidence of Intentional Refusal to Provide Discovery
Commercial Case Notes / Discovery/Disclosure / Sanctions

Sanction Inappropriate Because of Insufficient Evidence of Intentional Refusal to Provide Discovery

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

Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process
Commercial Case Notes / Discovery/Disclosure

Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process

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

Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed
Commercial Case Notes / Discovery/Disclosure / Summary Judgment

Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed

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

Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
Commercial Case Notes / Court Rules and Procedures / Discovery/Disclosure / Sanctions

Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules

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

Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules
Commercial Case Notes / Discovery/Disclosure

Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules

On August 8, 2025, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2025 NY Slip Op. 51257(U), denying a discovery motion for failure to comply with the Commercial Division discovery dispute rules . . . Continue reading Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules

Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party
Commercial Case Notes / Discovery/Disclosure

Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party

On July 1, 2025, the First Department issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 03968, holding that a non-party was entitled to recover its expenses in responding to a subpoena even though it later became a party . . . Continue reading Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party