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Posts Categorized: Sanctions

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: 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 »

Posted: June 2, 2017

Second Department Upholds Sanction Enjoining Party From Bringing New Actions Without Permission

On May 24, 2017, the Second Department issued a decision in DiSilvio v. Romanelli, 2017 NY Slip Op. 04097, upholding sanctions for abuse of judicial process, explaining: Public policy mandates free access to the courts and zealous advocacy is an essential component of our legal system. However, where there has been an abuse of judicial… Read more »

Posted: July 27, 2016

Complaint Dismissed, Fees Awarded, for Disclosing Confidential Settlement Negotiations

On July 12, 2016, Justice Ramos of the New York County Commercial issued a decision in Board of Managers of 823 Park Avenue Condominium v. 823 Park Avenue LLC, 2016 NY Slip Op. 31328(U), sanctioning a plaintiff for disclosing confidential settlement negotiations. In Board of Managers of 823 Park Avenue Condominium, the parties to a… Read more »

Posted: April 26, 2016

First Department Upholds Sanctions For “Profanity-Laden Attack on Lawyer Conducting Deposition”

On April 19, 2016, the First Department issued a decision in Freidman v. Yakov, 2016 NY Slip Op. 02944, upholding an award of sanctions against an attorney for deposition conduct, explaining: The court providently exercised its discretion by finding that Evgeny engaged in frivolous conduct and sanctioning him. In addition to the episode on which… Read more »

Posted: March 13, 2016

First Department Affirms Order Enjoining Party from Bringing Further Actions Without Permission

On March 10, 2016, the First Department issued a decision in Lipin v. Hunt, 2016 NY Slip Op. 01746, affirming a trial court order precluding a litigant from bringing further actions without court permission, holding that “in light of plaintiff’s seemingly endless pursuit of the same frivolous claims in numerous courts, the court properly enjoined… Read more »