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
On October 17, 2022, Justice Cohen of the New York County Commercial Division issued a decision in People v. National Rifle Assn. of Am., Inc., 2022 NY Slip Op. 33539(U), denying a request to depose opposing counsel . . . Continue reading Court Refuses to Order Deposition of Opposing Counsel
On August 25, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ohi Asset (NY) 93rd St., LLC v. Consigli Constr. Co., Inc., 2022 NY Slip Op. 32908(U), holding that a party has standing to challenge a third-party subpoena when it has a proprietary interest in the records being sought . . . Continue reading Party Has Standing to Move to Quash Third-Party Subpoena When it has a Proprietary Interest in the Records Sought
On August 3, 2022, the Second Department issued a decision in Cooper v. Mt. Sinai Hosp., 2022 NY Slip Op. 04787, holding that a court erred in dismissing a complaint . . . Continue reading Court Erred in Dismissing Complaint
On July 14, 2022, Justice Reed of the New York County Commercial Division issued a decision in Atsco Footwear Holdings, LLC v. KBG, LLC, 2022 NY Slip Op. 50657(U), rejecting an attempt to obtain discovery of tax returns . . . Continue reading Court Rejects Attempt to Obtain Discovery of Tax Returns
On May 19, 2022, the First Department issued a decision in Matter of GTV Media Group, Inc. v. Confidential Global Investigations, 2022 NY Slip Op. 03318, holding that pre-action discovery may not be used to determine whether a cause of action exists . . . Continue reading Pre-Action Discovery May Not Be Used to Determine Whether a Cause of Action Exists
On May 4, 2022, Justice Reed of the New York County Commercial Division issued a decision in Maple Drake Austell Owner, LLC v. D.F. Pray, Inc., 2022 NY Slip Op. 50346(U), denying a discovery motion for failure to follow the Commercial Division Rules’ discovery dispute procedures . . . Continue reading Discovery Motion Denied for Failure to Follow Discovery Dispute Rules
On March 20, 2022, Justice Masley of the New York County Commercial Division issued a decision in RCSUS Inc. v. SGM Socher, Inc., 2022 NY Slip Op. 30926(U), holding that unintentional, but grossly negligent, deletion of e-mails was a sufficient basis for spoliation sanctions . . . Continue reading Unintentional, But Grossly Negligent, Deletion of E-Mails Sufficient Basis for Spoliation Sanctions
On April 21, 2022, Justice Reed of the New York County Commercial Division issued a decision in Chen Dongwu v. New York City Regional Ctr. LLC, 2022 NY Slip Op. 50322(U), holding that requests to admit directed to controverted facts are improper . . . Continue reading Request for Admission Cannot be Used to Determine Controverted Facts
On April 14, 2022, the First Department issued a decision in Gottwald v. Sebert, 2022 NY Slip Op. 02492, holding that a party should not have been allowed to present at trial a document that it had withheld as privileged during discovery . . . Continue reading Party Not Allowed to Present at Trial Document it had Withheld as Privileged During Discovery
