Blogs

Posts Categorized: Discovery/Disclosure

Posted: 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 in Hansen Realty Dev. Corp. v. Sapphire Realty Group LLC, 2020 NY Slip Op. 33166(U), analyzing the question of whether a producing party may redact irrelevant information: In their moving papers, the Zhu Defendants argue Hansen does not have... Read more »

Posted: 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 in Disoni LLC v. Montas, 2020 NY Slip Op. 33028(U), striking a defendant’s answer for failure to appear at court conferences or respond to discovery demands, explaining: Rule 12 of the Rules of the Commercial Division provides the failure... Read more »

Posted: 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 Orentreich v. John B. Murray Architect, LLC, 2020 NY Slip Op. 32944(U), vacating a demand for a bill of particulars because it was being used as a discovery device, explaining: The bill of particulars has been abolished in... Read more »

Posted: 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 addressing when a party is entitled to sanctions and an adverse inference at trial for the destruction of relevant evidence. In Carey v. Shakhnazarian, 2020 NY Slip Op 51040 (U), Justice Borrok confirmed longstanding New York precedent that a... Read more »

Posted: 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 Sandler v. Independent Living Aids LLC, 2020 NY Slip Op. 32879(U), excusing a party’s failure to respond to a notice to admit when the questions went to disputed issues, explaining: As a preliminary matter, the parties dispute whether... Read more »

Posted: 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 regarding whether personal tax returns were discoverable. In Safir v Charm City House, LLC, 2020 NY Slip Op. 31619(U), Justice Knipel confirmed longstanding New York precedent that a party’s tax returns are not discoverable absent a showing that they are... Read more »

Posted: 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 v Charm City House, LLC, 2020 NY Slip Op. 31619(U), holding that tax returns were not discoverable without a strong showing that the information in them was indispensable to a party’s case, explaining: Contrary to defendants’ contention, they... Read more »

Posted: 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. Div. LEXIS 3555, reversing a decision by the Supreme Court, New York County, denying a motion to compel a party’s “T-Visa” application, since any objections to the request for the application based upon grounds other than privilege or... Read more »

Posted: 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. Magen & Co. Inc. v. Nissan N. Am., Inc., 2020 NY Slip Op. 31374(U), rejecting an apex doctrine challenge to an executive’s deposition, explaining: In order to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to... Read more »

Posted: 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 & Co. Inc., 2020 NY Slip Op. 02987, holding that spoliation sanctions were not appropriate when a party preserved evidence as soon as it became aware that litigation was probable, explaining: Spoliation sanctions are available regardless of... Read more »