On January 22, 2025, the Second Department issued a decision in Gordon v. Field, 2025 NY Slip Op. 00308, holding that spoliation sanctions are unavailable when there was no duty to preserve evidence for litigation . . . Continue reading Spoliation Sanctions Unavailable When No Duty to Preserve Evidence for Litigation Existed
On January 6, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Abuzaid v. Almayouf, 2025 NY Slip Op. 30036(U), striking a defendant’s answer for Continue reading Failure to Comply With Conditional Sanctions Order Results in Defendant’s Answer Being Struck
On January 2, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Khedouri v. Gabriel, 2025 NY Slip Op. 30034(U), holding that a motion is Continue reading Motion is Not Frivolous Simply Because it Was Unlikely to Succeed
On December 4, 2024, the Second Department issued a decision in Patsiouras v. Koklanos, 2024 NY Slip Op. 06053, holding that failure to comply with a conditional discovery order justified striking a defendant’s answer and counterclaims . . . Continue reading Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims
On November 19, 2024, the First Department issued a decision in Ray v. Ray, 2024 NY Slip Op. 05777, upholding sanctions against a plaintiff for bringing frivolous lawsuits . . . Continue reading Plaintiff Sanctioned for Bringing Frivolous Lawsuits
On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2024 NY Slip Op. 33528(U), striking a plaintiff’s complaint for failure to provide discovery . . . Continue reading Plaintiff’s Complaint Struck for Failure to Engage in Discovery
On October 8, 2024, the First Department issued a decision in Coney Is. Auto Holdings, Corp. v. Parts Auth., LLC, 2024 NY Slip Op. 04900, affirming the imposition of spoliation sanctions on a plaintiff that deleted e-mails on the day it sent a litigation demand letter . . . Continue reading Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter
On July 18, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Peerenboom v. Marvel Entertainment, LLC, 2024 NY Slip Op. 32473(U), holding that a non-party should not be sanctioned for failing to preserve evidence . . . Continue reading Non-Party Not Liable for Failing to Preserve Evidence
On June 14, 2024, the Fourth Department issued a decision in Buffalo Biodiesel, Inc. v. Blue Bridge Fin., LLC, 2024 NY Slip Op. 03259, affirming the dismissal of a complaint as a discovery sanction for failing to suspend automatic e-mail deletion . . . Continue reading Plaintiff’s Complaint Struck as Sanction for Failing to Preserve E-Mails
On May 30, 2024, the First Department issued a decision in Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2024 NY Slip Op. 02996, holding that the trial court did not err in sanctioning counsel for its improper response to an opponent’s inadvertent production of privileged information . . . Continue reading Court Did Not Err in Sanctioning Counsel for Improper Response to Inadvertent Production of Privileged Material
