Commercial Division Blog

Posted: June 5, 2023 / Written by: Jeffrey M. Eilender, Samuel L. Butt, Seth D. Allen, Joshua Wurtzel, Channing J. Turner / Categories Commercial, Discovery/Disclosure, Deposition

Late Response to Discovery Demands Does Not Waive Objections to Palpably Improper Demands

On May 22, 2023, Jennifer G. Schecter of the New York County Commercial Division issued a decision in Li v. Satsuma USA LLC, 2023 N.Y. Misc. LEXIS 2530. Ruling on multiple discovery-related motions, the Court ruled in relevant part that, while the plaintiff’s response to defendants’ post-deposition demands was untimely, a late response to discovery demands does not result in waiver of objections to palpably improper demands. 

The Court explained:

While plaintiff's responses were untimely under the April 4, 2023 order (Dkt. 466), late responses do not result in waiver of objections to palpably improper demands (see Worldview Entertainment Holdings, Inc. v Woodrow, 204 AD3d 629, 630, 168 N.Y.S.3d 19 [1st Dept 2022]). The Yamamoto Defendants' post-deposition demands are palpably improper (see Dkt. 516). They are not really post-deposition demands. Rather, they are demands for basic documents that could have been requested from the outset, including "all written communications" on core topics at issue in this case (see id. at 9).

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning discovery disputes, post-deposition demands, or the waiver of objections to discovery demands.