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
On April 2, 2024, the First Department issued a decision in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2024 NY Slip Op. 01786, holding that a court’s disagreements with counsel’s litigation positions is an insufficient basis for imposing sanctions . . . Continue reading That Court Disagrees With Counsel’s Legal Positions Insufficient Basis for Imposing Sanctions
On March 28, 2024, the First Department issued a decision in Lis v. Lancaster, 2024 NY Slip Op. 01763, holding that a court may assess monetary discovery sanctions even if a motion for sanctions does not seek them . . . Continue reading Court May Assess Monetary Discovery Sanctions Even if Motion for Sanctions Does Not Seek Them
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 20, 2023, Justice Chan of the New York County Commercial Division issued a decision in Tasinari v. DeMatteo, 2023 NY Slip Op 34477(U), sanctioning a plaintiff for bringing a frivolous lawsuit . . . Continue reading Party Sanctioned for Bringing a Frivolous Lawsuit
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
