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March 21, 2025
Court Quashes Subpoena Based On Two-Year Delay In Seeking Disclosure From A Third Party
On January 28, 2025, Justice Nancy M. Bannon granted a motion to quash a third-party subpoena seeking deposition testimony and the production of documents on the basis that the subpoenaing party had waited too long to seek the disclosures. In Arlus Owners LLC, et al. v. 829 Mad. Ave. LLC, et al., Index No. 653842/2022, the defendant served the subpoena on a real estate broker just before the deadline for completing discovery and filing the note of issue and certificate of readiness. The Court granted the motion to quash, explaining: Read More
January 22, 2025
Court Excuses Ten-Month Delay In Answering Crossclaims Despite Law Office Failure
On December 19, 2024, Justice Joel M. Cohen denied a motion for an order entering default against a crossclaim-defendant and allowed that party an extension of time to answer despite a ten-month delay in responding to the pleading. In Mehrnaz Nancy Homapour, et al., v. 3M Properties, LLC, et al., Index No. 653795/2015, three defendants filed crossclaims against a fellow defendant, Jacob Harounian, as part of an amended answer. Harounian’s attorney did not notice the addition of this crossclaim because the remainder of the answer was nearly identical to prior answers filed by the three parties. After ten months had elapsed, the crossclaim-plaintiffs moved for default. Read More
