Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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October 19, 2022 Party Must Produce Deponents for Supplemental Depositions Following Late Disclosure of New Evidence
On October 4, 2022, Justice Andrew S. Borrok of the New York County Commercial Division issued a decision in 39 West 23rd Street, LLC v. Pizzarotti, LLC, 2022 N.Y. Slip Op. 33356(U), ordering a party to produce its deponents for supplemental depositions, at that party's cost, when that party amended its interrogatory responses concerning its damages after these deponents' depositions already took place, explaining: Read More
October 14, 2022 Notice Of Motion For Subpoena To Department Of Design and Construction of New York City Must Be Given To New York City
In an Opinion, dated September 29, 2022, in Lastinc, LLC v. AECOM USA, Inc., 2022 NY Slip Op 50958(U), Justice Robert R. Reed denied Plaintiff’s request, without prejudice, for the issuance of a judicial subpoena because plaintiff had failed to serve the motion on the City of New York even though the records sought fell within the ambit of CPLR 2307. The Court explained: Read More
October 3, 2022 Unopposed Motion for Judicial Subpoena Denied for Failure to Comply with CPLR 2307
On September 6, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in 63rd & 3rd NYC LLC v. Starr Indemnity & Liability Co., Index No. 650395/2020, denying, without prejudice, a motion, that was unopposed, requesting that the court issue a judicial subpoena directing a governmental department to produce documents because the movant failed to comply with the motion requirements of CPLR 2307. The Court explained: Read More
September 28, 2022 Discovery Motion Denied for Failure to Comply with Commercial Division and Part Rules Regarding Pre-Motion Conference
On September 6, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Latin Markets Brazil, LLC v. McArdle, 2022 N.Y. Slip Op. 50848(U), denying a discovery motion that was made without leave of court and in violation of the Part Rules and Commercial Division Rules 14 and 24, explaining: Read More
June 29, 2022 Post-Judgment Subpoenas for Bank Records of Nondebtor Permitted
On June 22, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, et al., 2022 N.Y. Slip Op. 50522(U), denying a motion to quash a post-judgment subpoena served on a bank for bank records of a nondebtor, explaining: Read More
June 3, 2022 Discovery About Litigation Financing Not Relevant
On April 28, 2022, the First Department issued a decision in Worldview Entertainment Holdings, Inc. v. Woodrow, 2022 N.Y. Slip Op. 02891, holding that document demands concerning "litigation financing and witness payments" were not relevant to any claim or defense in the case, explaining: Read More
June 1, 2022 Commercial Division Rule 11 Amended to Emphasize Proportionality, Reasonableness, and Efficiency
On May 16, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rule 11 to (i) include a preamble emphasizing proportionality and reasonableness in discovery requests, and (ii) allow the court to order the parties to prepare a document at the outset of the case stating "clearly and concisely" the issues in the case and the elements and necessary facts for each claim. Read More
May 25, 2022 Discovery Violations Result in Striking of Answer and Default Judgment
In a Decision and Order dated April 11, 2022, in Lynx Capital Partners of NJ, LLC v. Bayes Capital LLC, 2022 NY Slip. Op. 31214(U), Justice Andrew Borrok granted the plaintiff’s renewed motion for sanctions, struck the defendant’s answer, entered default judgment in plaintiff’s favor, and awarded attorneys’ fees. Read More
May 4, 2022 Notice to Admit Seeking Admissions Concerning Fundamental Matters That Do Not Dispose of Uncontroverted Questions of Fact Improper
On April 21, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Chen Dongwu v. New York City Regional Center LLC, 2022 N.Y. Slip Op. 50322(U), holding that a notice to admit that seeks admissions concerning "fundamental matters" that do not "dispose of uncontroverted questions of fact" was improper, explaining: Read More
April 8, 2022 Amendments to Commercial Division Rules Attempt to Consolidate and Modernize Rules Concerning ESI
On March 7, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rules 1, 8, 9, 11-c, 11-e, and 11-g to consolidate and modernize rules concerning discovery of electronically stored information (ESI). The crux of the amendments, which become effective on April 11, 2022, is in amended Rule 11-c--which sets out standards for the collection, review, and production of ESI.  Read More
March 25, 2022 Subpoena Quashed Where It Sought to Ascertain Existence of Evidence Written by: Jeffrey M. Eilender, Christopher R. Dyess, Samuel L. Butt, Joshua Wurtzel, Hillary S. Zilz
In a Decision dated January 26, 2022, in Tsunis Gasparis LLP v Ring, 2022 NY Slip Op 50070(U), Justice Emerson of the New York Supreme Court, Suffolk County, granted in part defendants’ motion for a protective order and for an order quashing subpoenas served on a CPA firm and banks. Read More
February 9, 2022 Confidentiality Clause in Agreement Insufficient to Allow Agreement To Be Filed Under Seal
On January 21, 2022, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Coronado Coal II LLC v. Kinder Morgan Operating L.P., 2022 N.Y. Slip Op. 30253(U), holding that the presence of a confidentiality clause in an agreement is not, without more, sufficient to show that that agreement may be filed under seal, explaining: Read More
February 4, 2022 Plaintiff Need Not Turn Over Personal Devices for Forensic Imaging in Discovery
On January 11, 2022, Justice Margaret Chan of the New York County Commercial Division issued a decision in Ferreira v. Hudson River Healthcare, Inc., 2022 N.Y. Slip Op. 30084(U), holding that the defendant in an illegal-wage-practices cases was not entitled to disclosure of the plaintiff's smart phones and tablets for forensic imaging, nonpublic social media activity, and diaries, but that the defendant was entitled to the plaintiff's calendar and appointment books, explaining: Read More
December 17, 2021 First Department Pilot Program to Provide For Expedited Appeals From Commercial Division Discovery Orders
Last month, the First Department announced a new pilot program, under which appeals from discovery orders entered in the Commercial Division must be perfected within four months, rather than the typical six months. According to the court, the goal of this pilot program is to "promptly resolve issues involving discovery disputes that should be addressed before a litigation can proceed." To qualify under this pilot program, the order on appeal must involve "exclusively" discovery issues, and the notice of appeal must be dated January 1, 2022 or later. Read More
December 13, 2021 New Commercial Division Rule to Permit Court to Order Remote Depositions
On December 7, 2021, Chief Administrative Judge Lawrence J. Marks promulgated new Rule 37 of the Commercial Division Rules, which expressly permits the court to order that depositions be held by electronic means--either "upon the consent of the parties" or "upon a motion showing good cause." The new rule, which becomes effective December 15, 2021, lays out the factors the court must consider in deciding whether to order remote depositions over a party's objection--though states that the "safety of the parties and the witness" is the paramount consideration. The new rule also attaches a template protocol for video depositions, and states that no party may challenge the validity of the oath or affirmation administered on the grounds that the court reporter is not a notary in the state in which the witness is located or that the court reporter is not physically present with the witness. New Rule 37 comes on the heels of new Rule 36, which becomes effective today and which permits courts to hold virtual evidentiary hearing and bench trials. But unlike new Rule 36, which states that it "does not address" the issue of when all parties do not consent, new Rule 37 expressly permits the court to order that depositions be held virtually upon a showing of "good cause." New Rule 37 is as follows: Read More
December 8, 2021 First Department Implements Pilot Program Regarding Discovery Appeals
The First Department has announced that, commencing on January 1, 2022, it will institute a Pilot Program to reduce the time within which to perfect interlocutory appeals from the Commercial Division of the Supreme Court from six to four months where the issues on appeal relate exclusively to discovery disputes. The First Department wrote >> Read More
August 16, 2021 Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began
On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip … Read More
June 21, 2021 Bill of Particulars Not a Discovery Device
On June 2, 2021, the Second Department issued a decision in Kramarenko v. New York Community Hosp., … Read More
May 24, 2021 Service of a Subpoena on One Member of a Partnership is Insufficient to Compel the Appearance of Another Partner
On May 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Zelik v… Read More
April 9, 2021 Court Holds Non-Party in Contempt for Failing to Produce Documents in Response to Subpoena
On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Imp… Read More
February 27, 2021 Second Department Upholds Sanction for Failure to Appear at Deposition
On February 17, 2021, the Second Department issued a decision in Kopelevich & Feldsherova, P.C. … Read More
February 12, 2021 Court Erred in Quashing Subpoena Given Broad Scope of Discovery
On February 5, 2021, the Fourth Department issued a decision in M&T Bank Corp. v. Moody's Invs. … Read More
February 11, 2021 Notice to Admit Cannot Request Admissions That Go to the Heart of the Parties' Dispute
On February 4, 2021, Justice Reed of the New York County Commercial Division issued a decision in 47… Read More
January 22, 2021 Court Denies Motion to Seal Documents Because of Failure to Prove Their Sensitivity
On December 31, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
December 23, 2020 That Another Party Has Produced Documents Does Not Excuse a Party From Producing the Same Documents if it Has Them
On December 7, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Azr… Read More
December 7, 2020 Complaint Struck as Discovery Sanction
On November 25, 2020, the Second Department issued a decision in Allstar Electronics, Inc. v. R. Sco… Read More
October 9, 2020 Court Analyzes Question of Whether Producing Party May Redact Irrelevant Information
On September 25, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 26, 2020 Answer Struck Because of Defendant's Failure Appear at Court Conferences or Respond to Discovery Demands
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 25, 2020 Demand for a Bill of Particulars Vacated Because it Was Being Used as a Discovery Device
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 23, 2020 Mariah Carey Entitled to Sanctions and Adverse Inference After Defendant Destroyed Relevant Evidence
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision a… Read More
September 17, 2020 Party's Failure to Respond to Motion to Admit Excused When Questions Went to Disputed Issues
On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in S… Read More
July 7, 2020 Attorneys Seeking Tax Returns in Discovery Must Show They Are Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regardin… Read More
June 25, 2020 Tax Returns Not Discoverable Without Strong Showing That Information is Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Safir… Read More
June 19, 2020 Failure to Make Timely and Particular Objections Waives Objections Not Based on Privilege or Palpable Impropriety
On June 18, 2020, the First Department issued a decision in Khatskevich v. Victor, 2020 N.Y. App. Di… Read More
June 2, 2020 Court Rejects Apex Doctrine Challenge to Executive's Deposition
On May 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.T. … Read More
May 30, 2020 Spoliation Sanctions Not Justified When Party Preserved Documents When it Became Aware That Litigation Was Probable
On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley … Read More
March 7, 2020 Account Holder Does Not Have Standing to Move to Quash a Subpoena for its Bank Records
On February 26, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
February 6, 2020 Party Sanctioned for Falsifying Document
On January 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
January 24, 2020 Discovery Sanction Reversed as Excessive
On January 14, 2020, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2… Read More
December 12, 2019 Discovery on Defendant's Motive for Breaching Contract Denied
On December 3, 2019, the First Department issued a decision in Bersin Props., LLC v. Nomura Credit &… Read More
December 9, 2019 Striking Answer and Dismissal of Counterclaims as Discovery Sanction Upheld
On November 27, 2019, the Second Department issued a decision in Sparakis v. Gozzer Corp., 2019 NY S… Read More
November 22, 2019 Court Should Have Granted Source Code Attorneys' Eyes Only Protection
On November 12, 2019, the First Department issued a decision in BEC Capital, LLC v. Bistrovic, 2019 … Read More
October 10, 2019 Court Refuses to Apply Apex Doctrine to Quash Subpoena
On September 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
August 26, 2019 Court Denies Motion to Compel Because Discovery Sought Not Material and Necessary
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in GC… Read More
August 18, 2019 SLUSA Stay Applies Even in State Court Actions
On August 6, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
August 10, 2019 Discovery Sanctions Denied for Failure to Explain in Detail Movant's Efforts to Resolve the Dispute
On August 7, 2019, the Second Department issued a decision in Bronstein v. Charm City Hous., LLC, 20… Read More
July 11, 2019 Court Refuses to Impose PSLRA Stay on Securities Act Action Pending in Commercial Division
On July 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in M… Read More
July 6, 2019 Party Ordered to Pay Opponent's Cost of Compelling Discovery As Sanction for Failing to Obey Discovery Orders
On June 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in Bor… Read More
June 13, 2019 Court Should Have Vacated Note of Issue Where Discovery Not Complete
On June 7, 2019, the Fourth Department issued a decision in Backer & Assoc., LLC v. PPB Eng'g &a… Read More
February 28, 2019 First Department Affirms Discovery Sanction
On February 26, 2019, the First Department issued a decision in Transasia Commodities Inv. Ltd. v. N… Read More
January 10, 2019 Court Imposes Preclusion Sanction on Defendant for Spoliation of Evidence
On December 21, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
November 4, 2018 Party Sanctioned for Excessive Attorneys' Eyes Only Designations
On October 18, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
October 26, 2018 First Department Affirms Conditional Order Striking Complaint
On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Ei… Read More
October 22, 2018 Saying "So Sue Me" Did Not Trigger Duty to Preserve Evidence
On September 28, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
August 6, 2018 Party Waives Work Product Protection By Voluntarily Producing Documents to SEC
On July 25, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ant… Read More
July 29, 2018 Court Refuses to Order Deposition of Trial Counsel
On July 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
June 23, 2018 Answer Stricken as Sanction for Spoliation of Evidence
On June 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Kamc… Read More
May 12, 2018 IAS Court Did Not Err in Striking Defendants' Pleadings as a Discovery Sanction
On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 034… Read More
February 20, 2018 Defendant Not Required to Produce Tax Returns
On February 15, 2018, the First Department issued a decision in Weingarten v. Braun, 2018 NY Slip Op… Read More
February 8, 2018 Parties Not Allowed to Conduct Additional Relevance Review of Documents Found by ESI Search
On January 29, 2018, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
January 20, 2018 Limited Record Before Trial Court Did Not Justify Striking Answer as Discovery Sanction
On January 17, 2018, the Second Department issued a decision in PAL Envtl. Servs., Inc. v. LJC Disma… Read More
November 17, 2017 Party Not Entitled to Commission for Out-of-State Deposition
On November 16, 2017, the First Department issued a decision in Matter of Part 60 RMBS Put-Back Liti… Read More
October 12, 2017 RMBS Trustee Sanctioned for Using Data Sought From Quashed Subpoenas
On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 5, 2017 Destroyed Evidence Presumed Relevant When it is Intentionally Deleted
On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Cor… Read More
September 4, 2017 Celebrity Attorney Criticized for Deposition Misconduct
On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 29, 2017 Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence
On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 6, 2017 Party Need Not Produce Documents Relating to Settlement Discussions
On July 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Five… Read More
August 1, 2017 Court Denies Summary Judgment Motion Due to Defendant's Failure to Attend Deposition
On July 25, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Z… Read More
July 10, 2017 Failure to Comply With Discovery Orders Warranted Dismissal and Monetary Sanctions
On June 21, 2017, the Second Department issued a decision in 150 Centreville, LLC v. Lin Associates … Read More
July 8, 2017 Counsel Sanctioned for Making Multiple Motions for the Same Relief
On June 16, 2017, Justice Hudson of the Suffolk County Commercial Division issued a decision in Tric… Read More
April 15, 2017 Striking Answer as Discovery Sanction Upheld
On April 12, 2017, the Second Department issued a decision in Mears v. Long, 2017 NY Slip Op. 02782,… Read More
February 23, 2017 Party Waived Right to Seek Objected-To Discovery By Not Making Timely Motion to Compel
On February 14, 2017, Justice Oing of the New York County Commercial Division issued a decision in N… Read More
February 1, 2017 Court Orders Production of Pre-Litigation Work Product
On January 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 28, 2017 Pre-Action Discovery Not Available to Revive Already-Dismissed Action
On January 11, 2017, Justice Oing of the New York County Commercial Division issued a decision in Cu… Read More
January 19, 2017 Party Waived Right to Serve Discovery Demands by Disregarding Case Management Order Deadlines
On January 17, 2017, the First Department issued a decision in Vandashield Ltd v. Isaacson, 2017 NY … Read More
December 29, 2016 Court Dismisses Both Complaint and Counterclaims for Discovery Abuses
On December 14, 2016, Justice Oing of the New York County Commercial Division issued a decision in L… Read More
November 13, 2016 Discovery Sanction Precluding Party From Offering Testimony or Evidence at Trial Upheld
On November 2, 2016, the Second Department issued a decision in Hasan v. 18-24 Luquer St. Realty, LL… Read More
October 5, 2016 Non-Party Did Not Waive Common Interest Privilege
On September 29, 2016, the First Department issued a decision in 21st Century Diamond, LLC v. Allfie… Read More
September 2, 2016 Party’s Sale of Server During Lawsuit Leads to Adverse Inference As Sanction for Spoliation
On August 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 8, 2016 Failure Timely to Object to Discovery Demands Waives Objections
On August 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Sta… Read More
July 12, 2016 Dismissing Complaint Warranted Only if Spoliated Evidence Was Sole Means of Establishing Defense
On June 28, 2016, the First Department issued a decision in Arbor Realty Funding, LLC v. Herrick, Fe… Read More
June 3, 2016 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… Read More
May 9, 2016 Court Properly Ordered Deposition of Transactional Counsel; Privilege Assertions Must Be Specific
On May 5, 2016, the First Department issued a decision in China Privatization Fund (Del.), L.P. v. G… Read More
March 16, 2016 Court Erred in Requiring Expert Testimony; Expert Testimony Presented Was Inadmissible
On March 10, 2016, the First Department issued a decision in Nussberg v. Tatintsian, 2016 NY Slip Op… Read More
March 12, 2016 Refusal to Testify at Deposition Under Fifth Amendment Not Necessarily Fatal to Defense
On March 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in L… Read More
December 28, 2015 Party Sanctioned for Spoliation of Evidence
On December 7, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 22, 2015 Adverse Inference Charge Appropriate Even Where Evidence Negligently Destroyed
On December 15, 2015, the Court of Appeals issued a decision in Pegasus Aviation I, Inc. v. Varig Lo… Read More
December 9, 2015 Notice to Admit Seeking Admissions That Contravene Complaint's Allegations Improper
On December 2, 2015, the Second Department issued a decision in 32nd Ave. LLC v. Angelo Holding Corp… Read More
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… Read More
November 4, 2015 Documents Calculated to Lead to Discovery of Evidence Bearing on Defense Must be Produced
On October 29, 2015, the First Department issued a decision in SNI/SI Networks LLC v. Directv, LLC, … Read More
November 1, 2015 Lawyer Faces Jail For Failing to Provide Evidence
On October 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
October 31, 2015 Witness in New York Pursuant to Subpoena Immune from Service in Related Action
On October 22, 2015, Justice Jaffe of the New York County Supreme Court issued a decision in Genger … Read More
October 30, 2015 Transcripts and Videos of Arguments in the Court of Appeals for the Week of October 12, 2015, Now Available
On September 30, 2015, we noted one case of interest from the oral arguments for the week of October… Read More
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 interes… Read More
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 Sl… Read More
August 17, 2015 Court Orders Insurer to Redo Production With Bates Numbers and Detailed Privilege Log
On August 5, 2015, Justice Ritholtz of the Queens County Commercial Division issued a decision in Al… Read More
August 16, 2015 Contempt Motion Denied For Improper Service of Subpoena
On July 28, 2015, Justice Bransten of the New York County Commercial Division issued a decision in B… Read More
August 15, 2015 CPLR 5223 Allows Broad Range of Inquiry for Post-Judgment Discovery
On August 3, 2015, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More
August 14, 2015 Interpreting Daimler, First Department Enforces Information Subpoena Covering Foreign Subsidiaries
On August 11, 2015, the First Department issued a decision in Matter of B&M Kingstone, LLC v. Mega I… Read More
July 20, 2015 “Incorrigible” Defendant’s Answer And Counterclaims Stricken For Failing To Comply With Discovery Orders
On July 13, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
June 26, 2015 Answer Dismissed For Failure To Comply With CPLR § 3126 Conditional Order
On June 3, 2015, Justice Bransten of the New York County Commercial Division issued a decision in CP… Read More
June 20, 2015 Spoliation Sanctions Not Justified Where the Destroyed Documents Were Not Relevant to the Action
On June 11, 2015, the First Department issued a decision in AJ Holdings Group, LLC v. IP Holdings, L… Read More
May 5, 2015 Litigant Ordered to Use Hague Convention to Obtain Foreign Bank Documents
On April 28, 2015, the First Department issued a decision in Peters v. Peters, 2015 NY Slip Op. 0348… Read More
March 18, 2015 Defense Counsel Ordered to Pay Plaintiffs Attorneys' Fees As A Sanction For "Dilatory Discovery Conduct"
On March 4, 2015, Justice Bransten of the New York County Commercial Division issued a decision in V… Read More
March 6, 2015 Second Department Rules That Court Should Have Allowed Post-NOI Discovery
On February 25, 2015, the Second Department issued a decision in Portilla v. Law Offices of Arcia & … Read More
February 17, 2015 Court Enjoins Petitioners From Filing Any Further Process or Legal Proceedings Without Leave of Court
On January 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
December 20, 2014 Complaint Struck for Failure to Comply With Discovery Obligations
On December 11, 2014, the Third Department issued a decision in BDS Copy Inks, Inc. v. International… Read More
December 18, 2014 Court May not Review Arbitrator's Interim Discovery Orders
On December 11, 2014, the First Department issued a decision in Kramer v. Geldwert, 2014 NY Slip Op.… Read More
December 4, 2014 Court Refuses to Quash Subpoena Under Common Law Doctrine of Legal Immunity from Service
On November 21, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
October 5, 2014 Court Orders Conditional Dismissal for Failure to Provide Discovery
On September 8, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
September 20, 2014 First Department Reverses Trial Court Discovery Order
On September 18, 2014, the First Department issued a decision in MSCI Inc. v. Jacob, 2014 NY Slip Op… Read More
September 15, 2014 Plaintiff's Concealment of Fact that Money Owed under a Note had been Repaid by a Third Party Justified Striking the Complaint as a Discovery Sanction
On September 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a Decisio… Read More
September 7, 2014 Defendant Not Allowed to Subpoena Plaintiffs' Employees Directly
On August 28, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 19, 2014 Judgment Creditor’s Attempt to Compel Turnover of Israeli Bank Account Denied due to Lack of Jurisdiction, 'Separate Entity' Rule
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
August 15, 2014 Commercial Division Rules Amended to Add Rule Regarding Discovery of Non-Party ESI
The Chief Administrative Judge has signed an order adding a new rule regarding the discovery of elec… Read More
July 29, 2014 Analyses Performed by Litigation Counsel Not Work Product When Done to Meet Contractual Obligation
On July 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 28, 2014 Court Refuses to Order Production of ESI, Finding Previous Productions Sufficient
On July 17, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 11, 2014 Commercial Division Rules Amended to Add Rules Regarding Case Assignment and Privilege Logs
The Chief Administrative Judge has signed orders (1) amending the rules regarding the assignment of… Read More
July 11, 2014 Trade Secrets Discoverable From Non-Party Only When Relevant, Indispensable and Not Otherwise Acquirable
On July 9, 2014, the Second Department issued a decision in Ferolito v. Arizona Beverages USA, LLC, … Read More
July 6, 2014 Commissions for Out-of-State Discovery Not Issued When No Showing that Proposed Deponent Would Not Give Discovery Voluntarily
On June 30, 2014, Justice Destefano of the Nassau County Commercial Division issued a decision in Va… Read More
July 2, 2014 Parties not Limited to Formal Discovery Process
On June 23, 2014, Justice Bransten of the New York County Commercial Division issued a decision in A… Read More
June 24, 2014 Summary Judgment Granted Despite Request for More Discovery
On June 20, 2014, the Fourth Department issued a decision in Resetarits Construction Corp. v. Olmste… Read More
June 16, 2014 First Department Addresses Disclosure of Documents That Are Privileged as to Only Some Parties
On June 10, 2014, the First Department issued a decision in Arkin Kaplan Rice LLP v. Kaplan, 2014 NY… Read More
June 6, 2014 Failure to Issue Litigation Hold Not Per Se Gross Negligence
On June 5, 2014, a divided panel of the First Department issued a decision in Pegasus Aviation I, In… Read More
May 23, 2014 Organization State Law Determines Whether Derivative Action Plaintiff is Entitled to Discovery on Demand Refusal
On May 22, 2014, the First Department issued a decision in Lerner v. Prince, 2014 NY Slip Op. 03763,… Read More
May 14, 2014 Airbnb Subpoena Quashed as Overbroad
On May 13, 2014, Justice Connolly of the Albany County Supreme Court issued a decision in Airbnb, In… Read More
April 8, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
April 4, 2014 Court of Appeals Clarifies Standard for Quashing Non-Party Subpoenas
On April 3, 2014, the Court of Appeals issued a decision in Matter of Kapon v. Koch, 2014 NY Slip Op… Read More
April 3, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
March 25, 2014 Party Bound By Discovery Stipulation Signed by His Counsel
On March 19, 2014, the Second Department issued a decision in Born to Build, LLC v. Saleh, 2014 NY S… Read More
February 5, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
January 1, 2014 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The rules of the Commercial Division change from time-to-time. Currently, there are four proposed ru… Read More
December 28, 2013 Non-Party Subpoenas Quashed For Failure to Justify the Need for Discovery
On December 5, 2013, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
December 12, 2013 Motion to Compel Denied Because of Delay in Bringing It
On December 10, 2013, the First Department issued a decision in GoSMILE, Inc. v. Levine, 2013 NY Sli… Read More
December 10, 2013 Counsel and Client Sanctioned For Deposition Misconduct
On December 4, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 25, 2013 Default Judgment Entered Against Defendant As Discovery Sanction
On November 8, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 22, 2013 Defendant Sanctioned for Filing Inaccurate Note of Issue and Certificate of Readiness
On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More
November 12, 2013 Deponent not Required to Answer Questions About Legal Positions
Although our main focus is on Commercial Division opinions, many non-Commercial Division rulings wil… Read More
November 2, 2013 Failure to Timely Raise Discovery Disputes with the Court Waives Them
On October 21, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 16, 2013 A Formal, Written Litigation Hold Not Necessary To Trigger Requirement To Preserve Documents
On October 3, 2013, Justice Friedman of the New York County Commercial Division held in Roberts v. K… Read More
October 16, 2013 Court Orders Disclosure of Work Product When Counsel Creates the Appearance of Manipulating Witness Testimony
On October 3, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
October 14, 2013 Court of Appeals Affirms The Use of Default Judgment as a Discovery Sanction
On October 7, 2013, we noted that on September 10, 2013, the Court of Appeals heard argument in Merr… Read More
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 & Sm… Read More