On September 19, 2024, Justice Reed of the New York County Commercial Division issued a decision in Sumec Textile & Light Indus. Co., Ltd. v. Zee Co. Apparel Corp., 2024 NY Slip Op. 51306(U), requiring a foreign plaintiff to come to New York to be deposed . . . Continue reading Foreign Plaintiff Required to Come to New York for Deposition
On September 12, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Sojka v. Eisenman, 2024 NY Slip Op. 33212(U), quashing a subpoena because it was intended to determine if evidence existed rather than to obtain evidence . . . Continue reading Subpoena May Not Be Used to Determine if Evidence Exists
On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding that evidence disclosed in settlement discussions is not thereby shielded from disclosure in discovery . . . Continue reading Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery
On August 28, 2024, the Second Department issued a decision in Lewis v. Bartow, 2024 NY Slip Op. 04310, affirming the dismissal of a discovery motion for failure to submit an affidavit establishing the movant’s good faith efforts to resolve the dispute . . . Continue reading Discovery Motion Denied For Failure to Submit Affidavit Establishing Good Faith Efforts to Resolve Dispute
On July 18, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Peerenboom v. Marvel Entertainment, LLC, 2024 NY Slip Op. 32473(U), holding that a non-party should not be sanctioned for failing to preserve evidence . . . Continue reading Non-Party Not Liable for Failing to Preserve Evidence
On June 25, 2024, the First Department issued a decision in Mazzone v. Alonso, Andalkar & Facher, P.C., 2024 NY Slip Op. 03462, affirming the dismissal of a post-note of issue subpoena seeking discovery . . . Continue reading Trial Subpoena Seeking Post-Note of Issue Discovery Quashed
On June 14, 2024, the Fourth Department issued a decision in Buffalo Biodiesel, Inc. v. Blue Bridge Fin., LLC, 2024 NY Slip Op. 03259, affirming the dismissal of a complaint as a discovery sanction for failing to suspend automatic e-mail deletion . . . Continue reading Plaintiff’s Complaint Struck as Sanction for Failing to Preserve E-Mails
On May 30, 2024, the First Department issued a decision in Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2024 NY Slip Op. 02996, holding that the trial court did not err in sanctioning counsel for its improper response to an opponent’s inadvertent production of privileged information . . . Continue reading Court Did Not Err in Sanctioning Counsel for Improper Response to Inadvertent Production of Privileged Material
On May 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Isaac Hersko Revocable Trust v. Weisel, 2024 NY Slip Op. 31717(U), holding that an account holder does not have standing to challenge a subpoena for bank records . . . Continue reading Account Holder Does Not Have Standing to Challenge Subpoena for Bank Records
On April 19, 2024, Justice Reed of the New York County Commercial Division issued a decision in Bagatelle Little W. 12th LLC v. JEC II, LLC, 2024 NY Slip Op. 50453(U), refusing to issue letters rogatory for international discovery because the evidence sought was not crucial to deciding the lawsuit . . . Continue reading Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial
