Court Did Not Err in Sanctioning Counsel for Improper Response to Inadvertent Production of Privileged Material
Commercial Case Notes / Discovery/Disclosure / Sanctions

Court Did Not Err in Sanctioning Counsel for Improper Response to Inadvertent Production of Privileged Material

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

Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial
Commercial Case Notes / Discovery/Disclosure

Court Refuses to Issue Letters Rogatory for International Discovery Because the Evidence Sought Was Not Crucial

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

Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date
Commercial Case Notes / Court Rules and Procedures / Discovery/Disclosure

Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date

On April 4, 2024, the First Department issued a decision in Kenney v. Essex Mgt. Co., 2024 NY Slip Op. 01871, holding that the parties to a lawsuit waived further discovery by failing to complete discovery by the Note of Issue date . . . Continue reading Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date

Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery
Commercial Case Notes / Discovery/Disclosure / Sanctions

Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery

On January 10, 2024, the Second Department issued a decision in JPMorgan Chase Bank N.A. v. Nehorayoff, 2024 NY Slip Op. 00066, holding that the repeated failure to provide discovery warranted sanctions notwithstanding the defendants’ assertion that they were willing to provide discovery . . . Continue reading Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery

Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct
Commercial Case Notes / Discovery/Disclosure / Sanctions

Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct

On December 22, 2023, Justice Chan of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Richmond Stuyvesant Holdings, LLC, 2023 NY Slip Op. 34525(U), holding that despite the dismissal of claims against then, defendants should nonetheless be sanctioned for discovery misconduct . . . Continue reading Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct