On November 14, 2023, the First Department issued a decision in National Convention Servs., LLC v. FB Intl., Inc., 2023 NY Slip Op. 05692, holding that a spoliation claim failed for lack of a culpable state of mind . . . Continue reading Spoliation Claim Fails for Lack of Culpable State of Mind
On October 31, 2023, the First Department issued a decision in Children’s Magical Garden, Inc. v. Marom, 2023 NY Slip Op. 05464, holding that a jury instruction that required, rather than allowed, jury to make an adverse inference was improper . . . Continue reading Instructions That Required Jury to Make Adverse Inference Improper
On November 2, 2023, the First Department issued a decision in Small v. DMRJ Group LLC, 2023 NY Slip Op. 05551, holding that a complaint could be dismissed because of the plaintiff’s refusal to testify after invoking his Fifth Amendment rights . . . Continue reading Complaint Dismissed Because of Plaintiff’s Refusal to Testify After Invoking Fifth Amendment Rights
On October 4, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2023 NY Slip Op 33448(U), sanctioning a litigant for accessing an inadvertently produced Dropbox link . . . Continue reading Court Sanctions Litigant for Accessing Inadvertently Produced Dropbox Link
On August 21, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Musso v. OTR Media Group, Inc., 2023 NY Slip Op. 32896(U), striking an answer for failure to provide discovery . . . Continue reading Court Strikes Answer for Failure to Provide Discovery
On July 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Barons Media, LLC v. Shapiro Legal Group, PLLC, 2023 NY Slip Op. 32469(U), awarding a non-party costs, including attorney review time, of responding to a non-party subpoena . . . Continue reading Non-Party May Recover Costs, Including Attorney Review Time, of Responding to Non-Party Subpoenas
On July 7, 2023, Justice Chan of the New York County Commercial Division issued a decision in White Oak Commercial Fin., LLC v. EIA Inc., 2023 NY Slip Op. 32342(U), holding that an account holder does not have standing to object to a subpoena to its bank for bank records . . . Continue reading Account Holder Lacks Standing to Object to Subpoena to Bank for Bank Records
On July 11, 2023, Justice Masley of the New York County Commercial Division issued a decision in Burden v. General Elec. Co., 2023 NY Slip Op. 32365(U), holding that a demand for inspection of books and records made under the common law cannot be used to obtain discovery for use in litigation . . . Continue reading Common Law Demand to Inspect Books and Records Cannot Be Used to Obtain Discovery for Use in Litigation
On July 14, 2023. Justice Reed of the New York County Commercial Division issued a decision in Latin Mkts. Brazil, LLC v. McArdle, 2023 NY Slip Op. 50719(U), holding that a party that stipulated that a category of ESI would not be produced was barred from later seeking to compel its disclosure . . . Continue reading Party that Stipulated That a Category of ESI Would Not Be Collected Barred from Later Seeking to Compel its Production
On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Mehra v. Morrison Cohen LLP, 2023 NY Slip Op. 50714(U), holding that a defendant was entitled to unredacted invoices supporting a claim for damages based on attorneys’ fees . . . Continue reading Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees
