On July 1, 2025, the First Department issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 03968, holding that a non-party was entitled to recover its expenses in responding to a subpoena even though it later became a party . . . Continue reading Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party
On June 17, 2025, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 03659, holding that a confidential mediation statement was not subject to discovery on relevance grounds . . . Continue reading Mediation Statement Not Subject to Discovery on Relevance Grounds
On May 20, 2025, Justice Reed of the New York County Commercial Division issued a decision in Trump v. Trump, 2025 NY Slip Op. 25118, explaining the requirements of a Jackson affidavit . . . Continue reading Court Explains Requirements for Jackson Affidavit
On May 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in FitzCon Constr./Ren Corp. v. 5531-321 E. 22nd St. Manhattan LLC, 2025 NY Slip Op. 31692(U), holding that when a party fails to respond to a Notice to Admit is is deemed to have admitted the facts at issue . . . Continue reading When Party Fails to Respond to a Notice to Admit it is Deemed to Have Admitted The Facts At Issue
On May 13, 2025, the First Department issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2025 NY Slip Op. 02872, holding that a trial court did not err in striking a complaint as a sanction for delayed responses to discovery demands . . . Continue reading Complaint Struck for Delay in Responding to Discovery Demands
On April 30, 2025, the Second Department issued a decision in Happy 8 Realty Corp. v. Great World Realty, LLC, 2025 NY Slip Op. 02575, holding that a defendant should not have been granted summary judgment before discovery was complete . . . Continue reading Defendant Should Not Have Been Granted Summary Judgment Before Discovery Complete
On April 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in DOIT Hospitality Del. LLC v. Reuben Bros. Ltd., 2025 NY Slip Op. 50532(U), ordering a plaintiff to produce a witness who lived outside the United States for an in-person deposition in New York . . . Continue reading Plaintiff Ordered to Produce Witness Who Lived Outside the US for an In-Person Deposition in New York
On March 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Aareal Capital Corp. v. 462BDWY Land, L.P., 2025 NY Slip Op. 30952(U), denying a discovery motion for failure to comply with the Commercial Division Rule 14 dispute resolution process . . . Continue reading Motion to Compel Denied for Failure to Comply with Commercial Division Rule 14 Dispute Resolution Process
On March 19, 2025, the Second Department issued a decision in Reid v. Green, 2025 NY Slip Op. 01657, holding that the unexcused failure to complete discovery by the note of Issue date waived the right to take that discovery . . . Continue reading Unexcused Failure to Complete Discovery Before Note of Issue Date Waives Right to Take it
On March 20, 2025, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2025 NY Slip Op. 01711, affirming a discovery sanction for a late night document dump made after the deadline for document production . . . Continue reading Plaintiff Sanctioned For Late Night Document Dump After Deadline for Production
