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March 18, 2024
Court Quashes Subpoenas Seeking To Support Affirmative Defenses, Suggesting Defenses Were Too Conclusory To Support Third-Party Discovery
On January 25, 2024, Justice Robert R. Reed granted a motion to quash several subpoenas seeking financial records from third parties as “utterly irrelevant to the action,” rejecting arguments that the requested records supported a defendant’s counterclaim and affirmative defenses. The decision in UKI Freedom LLC v. Organization for the Defense of Four Freedoms For Ukraine, et al., Index No. 158095/2022, noted that the defendant’s counterclaim had previously been dismissed and that the affirmative defenses relied upon by the defendant were too conclusory to support third-party discovery. The Court explained: Read More
January 17, 2024
Court Quashes Subpoena as “Fishing Expedition”
On December 19, 2023, Justice Margaret A. Chan of the New York County Commercial Division, issued a decision in Millenium Consolidated Holdings, LLC v. Bluefin Capital Management, LLC, Index No. 656387/2022, granting Plaintiff’s motion to quash a subpoena on its former employee on the basis that it was overbroad and an improper “fishing expedition.” The Court explained: Read More
