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
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
