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
On March 22, 2022, the First Department issued a decision in 514 W. 44th St., Inc. v. Whalen, 2022 NY Slip Op. 01958, holding that a trial court was justified in striking a deposition transcript errata sheet because the changes were insufficiently justified . . . Continue reading Deposition Transcript Errata Sheet Stricken Because Changes Insufficiently Justified
On February 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Berman v. Holland & Knight LLP, 2022 NY Slip Op. 30402(U), holding that an interrogatory seeking the identity of clients to whom a law firm gave certain advice improperly sought privileged information . . . Continue reading Interrogatory Seeking Identity of Clients to Whom Law Firm Gave Certain Advice Improperly Sought Privileged Information
On February 3, 2022, the First Department issued a decision in Sky Coverage Inc. v. Alwex Inc., 2022 NY Slip Op. 00745, upholding the vacating of a Note of Issue because of an inaccurate Certificate of Readiness . . . Continue reading Note of Issue Vacated Because of Inaccurate Certificate of Readiness
On January 26, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in Tsunis Gasparis LLP v. Ring, 2022 NY Slip Op. 50070(U), holding that an account holder had standing to challenge subpoenas for its financial records . . . Continue reading Account Holder Has Standing to Challenge Subpoenas for its Financial Records
On December 14, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Galasso v. Cobleskill Stone Prods., Inc., 2021 NY Slip Op. 51190(U), holding that the common law right of inspection cannot be used to circumvent limitations on the scope or timing of disclosure in pending litigation . . . Continue reading Common Law Right to Inspect Books and Records Cannot be Used to Supplement Discovery in Litigation
