Blogs

Posts Categorized: Discovery/Disclosure

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 »

Posted: 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, 2020 NY Slip Op. 00230, reversing a discovery sanction as excessive, explaining: [A]ppellants contend that they committed no discovery violations, but even if they did, the court’s preclusion orders constituted an excessive sanction that deprived them of a... Read more »

Posted: 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 & Capital, Inc., 2019 NY Slip Op. 08641, denying discovery on a defendant’s motive for breaching a contract, explaining: Supreme Court providently exercised its discretion in denying plaintiff’s discovery requests. Here, plaintiff sought discovery regarding defendant’s motives and... Read more »

Posted: 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 Slip Op. 08590, upholding striking an answer and dismissing counterclaims as a discovery sanction, explaining: In July 2016, the plaintiffs served the defendants with a request for production of documents. The defendants did not respond to this demand... Read more »