Blogs

Posts Categorized: Discovery/Disclosure

Posted: 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 Impact Car Park, LLC v. Mutual Redevelopment Houses, Inc., 2021 NY Slip Op. 30950(U), holding a non-party in contempt for failing to produce documents in response to a subpoena, explaining: EELD’s conduct in failing to comply with the... Read more »

Posted: 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. v. Geller Law Group, P.C., 2021 NY Slip Op. 01034, upholding sanctions for failure to appear at a deposition, explaining: The defendants’ attorney attempted to confirm the date of Geller’s continued deposition by email on December 26, 2018, and January... Read more »

Posted: 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 Hobish v. AXA Equit. Life Ins. Co., 2020 NY Slip Op. 34378(U), denying a motion to seal documents because of the movant’s failure to prove their sensitivity, explaining: Section 216.1 (a) of the Uniform Rules for Trial Courts... Read more »

Posted: 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 Azrak v. Carter Enters. LLC, 2020 NY Slip Op. 34036(U), holding that the fact that one party has produced certain documents does not excuse another party from producing the same documents, explaining: CPLR 3124 provides that if a person... Read more »

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 »