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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: October 7, 2013

Court of Appeals Considers Use of Default Judgment as a Discovery Sanction

On September 10, 2013, the Court of Appeals heard argument in Merrill Lynch, Pierce, Fenner & Smith Inc., v. Global Strat, Inc., Docket No. 160, a case examining the extent to which a sanction of default can be imposed for discovery violations.  Both the hearing transcript and a video of oral argument are available on the court’s website.

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