Blogs

Posts Categorized: Discovery/Disclosure

Posted: October 12, 2017

RMBS Trustee Sanctioned for Using Data Sought From Quashed Subpoenas

On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Home Equity Mortgage Trust Series 2006-5 by U.S. Bank N.A. v. DLJ Mortgage Capital, Inc., 2017 NY Slip Op. 32053(U), sanctioning an RMBS trustee for using borrower data that had been sought through subpoenas that the court had… Read more »

Posted: October 5, 2017

Destroyed Evidence Presumed Relevant When it is Intentionally Deleted

On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Corp., 2017 NY Slip Op. 06995, holding that evidence is presumed to be relevant when it is intentionally destroyed, explaining: Spoliation sanctions were providently granted. The record demonstrated that plaintiff was in control of her own email account; was aware,… Read more »

Posted: August 29, 2017

Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence

On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Brook v. Peconic Bay Medical Center, 2017 NY Slip Op. 31728(U), granting an adverse inference sanction for failure adequately to preserve evidence, explaining: A party that seeks sanctions for spoliation of evidence must show that the party having… Read more »

Posted: August 6, 2017

Party Need Not Produce Documents Relating to Settlement Discussions

On July 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Five Star Electric Corp. v. A.J. Pegno Construction Co., Inc./Tully Construction Co., Inc., 2017 NY Slip Op. 31591(U), holding that a party was not required to produce documents relating to settlement discussions, explaining: Documents and claims analyses disclosed… Read more »

Posted: August 1, 2017

Court Denies Summary Judgment Motion Due to Defendant’s Failure to Attend Deposition

On July 25, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Zoullas v. Zoullas, 2017 NY Slip Op. 31574(U), finding that a plaintiff’s claims were time-barred but nonetheless refusing to grant summary judgment because of the defendant’s failure to appear for deposition despite having been ordered to do so,… Read more »

Posted: July 10, 2017

Failure to Comply With Discovery Orders Warranted Dismissal and Monetary Sanctions

On June 21, 2017, the Second Department issued a decision in 150 Centreville, LLC v. Lin Associates Architects, P.C., 2017 NY Slip Op. 05056, affirming the dismissal of an action and monetary sanctions for the failure to comply with discovery orders, explaining: The plaintiffs failed to comply with a stipulation that was so-ordered by the… Read more »

Posted: July 8, 2017

Counsel Sanctioned for Making Multiple Motions for the Same Relief

On June 16, 2017, Justice Hudson of the Suffolk County Commercial Division issued a decision in Tricarico v. Baer, 2017 NY Slip Op. 31343(U), sanctioning counsel for bringing multiple motions for the same relief, explaining: Plaintiffs motion originally returnable September 15, 2016, seeks the same relief which was requested as part of Plaintiff’s motion originally… Read more »