On November 29, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Calen Invs. LLC v. Notias, 2024 NY Slip Op. 34272(U), holding a subpoena recipient in contempt for failure timely to respond to judgement collection discovery, explaining:
A judgment creditor may compel disclosure of all matter relevant to the satisfaction of the judgment, by serving upon any person a subpoena, which shall state that false swearing or failure to comply with the subpoena is punishable as a contempt of court. Under CPLR 2308(b)(1), the issuer of a subpoena may move in the supreme court to compel compliance. Failure to comply with an information subpoena issued pursuant to Article 52 of the CPLR is governed by CPLR 2308 (CPLR § 5224 [a] [iv]). The Court must therefore determine whether the subpoena was authorized, and, if so, it shall order compliance.
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In his opposition, Notias contends that he has responded to the Information Subpoena, but he also states that he will supplement his responses and provide additional details and information as he continues review and consideration of the Plaintiffs subpoenas. A party subject to an information subpoena has seven days after receipt to respond. Having received the subpoena on August 22, 2024, Notias was required to respond by August 29, 2024; he is not free to take an unlimited time to supplement past-due responses. Caelen has pointed out patent deficiencies in Notias’s responses to the Information Subpoena, and no filings have been made on the docket indicating that these deficiencies have been addressed.
As to the Document Subpoena, Notias’s responses were likewise untimely and patently deficient, lacking responsive documents for at least two of Notias’s JPMorgan Chase accounts. Though Notias’s counsel stated that further responsive documents would be provided at a later date, no subsequent production has occurred. The Document Subpoena contained the information required under CPLR 5223 and was thus properly issued. Accordingly, Notias must comply with the Document Subpoena.
Under CPLR 5251, refusal or willful neglect of any person to obey a subpoena issued pursuant to this title shall be punishable as a contempt of court. A finding of civil contempt under Section 753 of the Judiciary Law requires that the movant establish by clear and convincing evidence that defendant violated a lawful, clear mandate of the court, of which he had knowledge, and that such violation resulted in prejudice to plaintiffs rights.
Notias had actual notice of the Subpoenas as evidenced by contemporaneous emails from Notias’s counsel, demonstrating that his failure to comply was willful. Further, Notias’s failure to comply has prejudiced Caelen’s ability to seek information necessary to pursue satisfaction of its judgments. Since Caelen’ s moving papers establish the essential elements of contempt, and Notias’s opposition fails to contradict them, no hearing is required to hold Notias in contempt.
(Internal quotations and citations omitted).