On June 1, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 255 Butler Assoc. LLC v. 255 Butler, LLC, 2023 NY Slip Op. 31913(U), holding that a customer likely lacks standing to object to a subpoena to the customer’s bank . . . Continue reading Customer Likely Lacks Standing to Object to Subpoena to Bank
On May 31, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Alsatdi v. Alsaede, 2023 NY Slip Op. 31914(U), holding that a Notice to Admit cannot be used regarding an ultimate contested fact . . . Continue reading Notice to Admit Cannot Be Used Regarding an Ultimate Contested Fact
On May 31, 2023, the Second Department issued a decision in Anuchina v. Marine Transp. Logistics, Inc., 2023 NY Slip Op. 02858, holding that a discovery motion was properly denied because of the movant’s failure adequately to meet and confer regarding the dispute . . . Continue reading Discovery Motion Denied for Failure Sufficiently to Meet and Confer
On May 25, 2023, the First Department issued a decision in Citizen Watch Co. of Am., Inc. v. Zapco 1500 Inv., L.P., 2023 NY Slip Op. 02823, holding that a conditional discovery sanction order was triggered by the mere failure to produce evidence . . . Continue reading Conditional Discovery Sanction Order Triggered on Failure to Produce
On May 10, 2023, the Second Department issued a decision in Star Auto Sales of Queens, LLC v. Filardo, 2023 NY Slip Op. 02552, holding that the remedy for overbroad discovery demands is vacating the demands, not trimming them . . . Continue reading Remedy for Overbroad Discovery Demands is Vacating the Demand, Not Trimming it
On April 17, 2023, Justice Crane of the New York County Commercial Division issued a decision in Lantern Endowment Partners, LP v. Bluefin Servicing Ltd., 2023 NY Slip Op. 31240(U), holding that the failure timely to the form of an information subpoena waived any objections to the subpoena . . . Continue reading Failure Timely to Object to Form of Information Subpoena Waived Objections
On April 6, 2023, the First Department issued a decision in Harry Winston, Inc. v. Eclipse Jewelry, Corp., 2023 NY Slip Op. 01840, holding that a court erred by striking a defendant’s answer as a discovery sanction . . . Continue reading Court Erred by Striking Answer as a Discovery Sanction
On March 16, 2023, the First Department issued a decision in Buttar v. Elite Limousine Plus, Inc., 2023 NY Slip Op. 01355, refusing to order plaintiffs to produce tax returns when they had not made a general claim for lost earnings . . . Continue reading Court Refuses to Order Plaintiffs to Produce Tax Returns
On February 16, 2023, the First Department issued a decision in HAI-2, LLC v. BlackRock Fin. Mgt., Inc., 2023 NY Slip Op. 00928, affirming the quashing of a last-minute subpoena . . . Continue reading Court Rejects Last-Minute Subpoena
On November 18, 2022, Justice Chan of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Reliable Abstract Co., L.L.C., 2022 NY Slip Op. 33968(U), sanctioning a party for failure to provide discovery but refusing to strike its pleadings . . . Continue reading Court Sanctions Party for Failure to Provide Discovery, but Refuses to Strike its Pleadings
