On October 15, 2025, Justice Patel of the New York County Commercial Division issued a decision in Jfurti, LLC v. Mintz, Levin, Cohn, Ferris, Glovky & Popeo, P.C., 2025 NY Slip Op. 33977(U), dismissing a Judiciary Law Section 487 claim because it was brought against the client, not its counsel . . . Continue reading Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client
On October 23, 2025, the First Department issued a decision in Peck v. Milbank LLP, 2025 NY Slip Op. 05895, dismissing a Judiciary Law Section 487 claim for failure adequately to allege deceptive acts . . . Continue reading Judiciary Law Section 487 Claim Dismissed for Failure Adequately to Allege Deceptive Acts
On September 5, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Oasis Invs. II Master Fund Ltd. v. Mo, 2025 NY Slip Op. 33342(U), striking the defendants’ answers as a sanction for discovery misconduct . . . Continue reading Answers Struck as Sanction for Discovery Misconduct
On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in RSM US LLP v. Notes, 2025 NY Slip Op. 32971(U), rejecting a JHO’s award of sanctions because of the movant’s failure to meet and confer as required by the Commercial Division rules . . . Continue reading Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
On August 27, 2025, the Second Department issued a decision in Long Chen v. Clean Air Car Serv. & Parking Corp., 2025 NY Slip Op. 04777, holding that a plaintiff’s loss at summary judgment was an insufficient basis, without more, to impose sanctions under 22 NYCRR 130-1.1 . . . Continue reading Loss at Summary Judgment Insufficient Basis for Imposing Sanctions
On July 23, 2025, the Second Department issued a decision in Whelan v. Busiello, 2025 NY Slip Op. 04272, holding the Rule 130 sanctions must be paid to the Lawyers’ Fund for Client Protection, not to the aggrieved party . . . Continue reading Rule 130 Sanctions Must be Paid to Lawyers’ Fund for Client Protection, Not to Aggrieved Party
On May 13, 2025, the First Department issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2025 NY Slip Op. 02872, holding that a trial court did not err in striking a complaint as a sanction for delayed responses to discovery demands . . . Continue reading Complaint Struck for Delay in Responding to Discovery Demands
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
