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
On October 4, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Pursuit Credit Special Opportunity Fund, L.P. v. Krunchcash, LLC, 2023 NY Slip Op 33448(U), sanctioning a litigant for accessing an inadvertently produced Dropbox link . . . Continue reading Court Sanctions Litigant for Accessing Inadvertently Produced Dropbox Link
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 October 6, 2021, the Second Department issued a decision in Glaubach v. Slifkin, 2021 NY Slip Op. 05323, holding that a plaintiff should be sanctioned for sending harassing letters to defendants and others . . . Continue reading Plaintiff Sanctioned For Sending Harassing Letters to Defendants and Others
