On January 31, 2024, the Second Department issued a decision in Mention v. Archbishop Stepinac High Sch., 2024 NY Slip Op. 00416, dismissing a complaint for failure fully to provide discovery . . . Continue reading Complaint Dismissed for Failure Fully to Provide Discovery
On January 2, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2024 NY Slip Op. 30101(U), ordering the plaintiff and defendant to share the cost of ESI production . . . Continue reading Court Orders Plaintiff and Defendant to Share ESI Production Costs
On January 10, 2024, the Second Department issued a decision in JPMorgan Chase Bank N.A. v. Nehorayoff, 2024 NY Slip Op. 00066, holding that the repeated failure to provide discovery warranted sanctions notwithstanding the defendants’ assertion that they were willing to provide discovery . . . Continue reading Repeated Failure to Provide Discovery Warrants Sanctions Notwithstanding Defendants’ Assertions That They Were Willing to Provide Discovery
On December 22, 2023, Justice Chan of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Richmond Stuyvesant Holdings, LLC, 2023 NY Slip Op. 34525(U), holding that despite the dismissal of claims against then, defendants should nonetheless be sanctioned for discovery misconduct . . . Continue reading Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct
On December 19, 2023, Justice Chan of the New York County Commercial Division issued a decision in Millennium Consolidated Holdings, LLC v. Bluefin Capital Mgt., LLC, 2023 NY Slip Op. 34466(U), rejecting a subpoena as a fishing expedition . . . Continue reading Court Rejects Subpoena as Fishing Expedition
On December 3, 2023, Justice Masley of the New York County Commercial Division issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt Vr Ltd., 2023 NY Slip Op. 34245(U), refusing to enforce a subpoena that was not served in conformance with the Uniform Interstate Deposition and Discovery Act . . . Continue reading Subpoena Unenforceable for Failure to Comply with the Uniform Interstate Deposition and Discovery Act
On October 3, 2023, Justice Knipel of the Kings County Commercial Division issued a decision in Bruce v. Solny, 2023 NY Slip Op. 34070(U), holding that discovery demands that are overbroad should be stricken, not rewritten by the court . . . Continue reading Discovery Demands That Are Overbroad Should be Stricken, Not Rewritten by the Court
On November 14, 2023, the First Department issued a decision in National Convention Servs., LLC v. FB Intl., Inc., 2023 NY Slip Op. 05692, holding that a spoliation claim failed for lack of a culpable state of mind . . . Continue reading Spoliation Claim Fails for Lack of Culpable State of Mind
On October 31, 2023, the First Department issued a decision in Children’s Magical Garden, Inc. v. Marom, 2023 NY Slip Op. 05464, holding that a jury instruction that required, rather than allowed, jury to make an adverse inference was improper . . . Continue reading Instructions That Required Jury to Make Adverse Inference Improper
On November 2, 2023, the First Department issued a decision in Small v. DMRJ Group LLC, 2023 NY Slip Op. 05551, holding that a complaint could be dismissed because of the plaintiff’s refusal to testify after invoking his Fifth Amendment rights . . . Continue reading Complaint Dismissed Because of Plaintiff’s Refusal to Testify After Invoking Fifth Amendment Rights
