Posts Categorized: Discovery/Disclosure

Posted: 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 Op. 04287, holding that a contempt order was appropriate where a party was directed to comply with a subpoena issued before the COVID-19 Pandemic and much of the information and documents sought did not require collection... Read more »

Posted: 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. Rubashkin, 2021 NY Slip Op. 31607(U), holding that service of a subpoena on one member of a partnership is insufficient to compel the appearance of another partner at a deposition, explaining: Turning to the initial branch of... Read more »

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 »