Commercial Division Blog
Letters Rogatory Denied for Failure to Show that Discovery is Crucial to Resolution of Key Issue
On May 31, 2016, the First Department issued a decision in Kahn v. Leo Schachter Diamonds, LLC, 2016 NY Slip Op. 04143, affirming the denial of a motion for letters rogatory, explaining:
Plaintiff failed to establish that the discovery he seeks from nonparty entities in Brazil is crucial to the resolution of a key issue in this case. He contends that the discovery will show that he was responsible for introducing the Brazilian entities to defendants, and will establish the amount of commissions owed to him. However, he does not seek to request anything from the Brazilian entities that he could not obtain (or has not already obtained) from defendants.
(Internal quotations and citations omitted) (emphasis added).