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Posts Categorized: Sanctions

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 »

Posted: January 29, 2016

Judiciary Law Section 487 Claims Allowed in Separate Action

On January 19, 2016, the First Department issued a decision in Melcher v. Greenberg Traurig LLP, 2016 NY Slip Op. 00274, holding that a Judiciary Law Section 487 claim may be brought in a separate action. In Melcher, the plaintiff brought a Judiciary Law Section 487 claim “alleging that defendants had engaged in deceitful and… Read more »

Posted: January 26, 2016

Judiciary Law Section 487 Inapplicable To Administrative Agency Petition

On January 7, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decision in Kallista, S.A. v. White & Williams LLP, 2016 NY Slip Op. 26009, holding that Judiciary Law Section 487 does not apply to proceedings before the US Patent and Trademark Office. First, the court examined which proceedings were covered by… Read more »

Posted: January 11, 2016

Motion Court Erred in Not Dismissing Malicious Prosecution and Judiciary Law Section 487 Claims

On December 29, 2015, the First Department issued a decision in Facebook, Inc. v. DLA Piper LLP (US), 2015 NY Slip Op. 09602, reversing a decision of the New York County Supreme Court (Rakower, J.) and dismissing the plaintiff’s malicious prosecution and Judiciary Law Section 487 claims on the pleadings. The action arose from a… Read more »

Posted: November 15, 2015

Failure Timely to Comply With Conditional Preclusion Order Causes Order to Become Absolute

On November 12, 2015, the Second Department issued a decision in Mona & Jack’s Clothing, Inc. v. Ola, Inc., 2015 NY Slip Op. 08151, reversing an order giving a party that failed to comply with a conditional preclusion order another chance to provide discovery. In Mona & Jack’s Clothing, the IAS court issued “a conditional… Read more »

Posted: October 27, 2015

Judge Cogan Strips Belarus Entities Of Sovereign Immunity Defense As Sanction For Discovery Abuse

In a civil case of international intrigue, Funk v. Belneftekhim a/k/a Concern Belneftekhim, 14 CV 0376 (E.D.N.Y. Oct. 20, 2015), the facts alone make for a worthy read. Plaintiffs, a New York attorney and his legal assistant, represented investors in defendants, a Belarusian oil company and its U.S. subsidiary that were connected with Belarussian government… Read more »

Posted: September 30, 2015

Court of Appeals Arguments of Interest for the Week of October 12, 2015

Upcoming oral arguments in the Court of Appeals the week of October 12, 2015, that may be of interest to commercial litigators include: Cal. No. 153: Pegasus Aviation I, Inc. v. Varig Logistica S.A. (to be argued Tuesday, October 13, 2015) (“Evidence–Loss or destruction of evidence–Relevance of spoliated documents–Whether MP defendants exercised sufficient control over… Read more »

Posted: September 25, 2015

Adverse Inference Sanction Upheld Where No Reasonable Explanation for Documents’ Nonproduction

On September 23, 2015, the Second Department issued a decision in Schiano v. Mijul, Inc., 2015 NY Slip Op. 06910, affirming an adverse inference discovery sanction because “the documents in question exist or existed and were under [the sanctioned party’s] control, and . . . there was no reasonable explanation for their nonproduction.” (Internal quotations… Read more »