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
On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip Op. 04287, holding that the COVID pandemic was no excuse for failing to respond to a subpoena issued before the pandemic began . . . Continue reading Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began
