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

Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act
Commercial Case Notes / Discovery/Disclosure

Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act

On December 3, 2023, Justice Masley of the New York County Commercial Division issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt Vr Ltd., 2023 NY Slip Op. 34245(U), refusing to enforce a subpoena that was not served in conformance with the Uniform Interstate Deposition and Discovery Act . . . Continue reading Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act

Complaint Dismissed Because of Plaintiff’s Refusal to Testify After Invoking Fifth Amendment Rights
Commercial Case Notes / Discovery/Disclosure

Complaint Dismissed Because of Plaintiff’s Refusal to Testify After Invoking Fifth Amendment Rights

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