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
On May 10, 2023, the Second Department issued a decision in Star Auto Sales of Queens, LLC v. Filardo, 2023 NY Slip Op. 02552, holding that the remedy for overbroad discovery demands is vacating the demands, not trimming them . . . Continue reading Remedy for Overbroad Discovery Demands is Vacating the Demand, Not Trimming it
On April 17, 2023, Justice Crane of the New York County Commercial Division issued a decision in Lantern Endowment Partners, LP v. Bluefin Servicing Ltd., 2023 NY Slip Op. 31240(U), holding that the failure timely to the form of an information subpoena waived any objections to the subpoena . . . Continue reading Failure Timely to Object to Form of Information Subpoena Waived Objections
On April 6, 2023, the First Department issued a decision in Harry Winston, Inc. v. Eclipse Jewelry, Corp., 2023 NY Slip Op. 01840, holding that a court erred by striking a defendant’s answer as a discovery sanction . . . Continue reading Court Erred by Striking Answer as a Discovery Sanction
On March 16, 2023, the First Department issued a decision in Buttar v. Elite Limousine Plus, Inc., 2023 NY Slip Op. 01355, refusing to order plaintiffs to produce tax returns when they had not made a general claim for lost earnings . . . Continue reading Court Refuses to Order Plaintiffs to Produce Tax Returns
On February 16, 2023, the First Department issued a decision in HAI-2, LLC v. BlackRock Fin. Mgt., Inc., 2023 NY Slip Op. 00928, affirming the quashing of a last-minute subpoena . . . Continue reading Court Rejects Last-Minute Subpoena
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
