Blogs

Posts Categorized: Discovery/Disclosure

Posted: September 11, 2019

Insurer’s Claims-Handling Documents Not Privileged Even If Prepared By Attorneys

On August 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in Otsuka Am., Inc. v. Crum & Forster Specialty Ins. Co., Index No. 650463/2019, ruling that coverage opinions prepared by outside counsel for an insurer are discoverable, explaining:   In the context of insurance, the payment or rejection of... Read more »

Posted: 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 GCS Second Ave. Owner LLC v. Merchants Hospitality Inc., 2019 NY Slip Op. 32418(U), denying a motion to compel because the discovery sought was not material and necessary, explaining: The documents belatedly requested by Defendants are not material... Read more »

Posted: 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, 2019 NY Slip Op. 06058, denying discovery sanctions because of the movant’s failure to explain in detail its efforts to resolve the dispute, explaining: Pursuant to 22 NYCRR 202.7(a) and (c), a motion relating to disclosure must be... Read more »

Posted: 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 Matter of PPDAI Group Sec. Litig., 2019 NY Slip Op. 51075(U), refusing to impose a PSLRA stay on a Securities Act action pending in the Commercial Division, explaining: According to Moving Defendants, Plaintiffs should not be permitted to... Read more »

Posted: 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 Borremans v. JG Worldwide LLC, 2019 NY Slip Op. 31772(U), ordering a party that failed to obey discovery orders to pay the costs of its opponent’s motions to compel, explaining: If the credibility of court orders and the... Read more »

Posted: February 28, 2019

First Department Affirms Discovery Sanction

On February 26, 2019, the First Department issued a decision in Transasia Commodities Inv. Ltd. v. NewLead JMEG, LLC, 2019 NY Slip Op. 01361, affirming a discovery sanction, explaining: Defendants-appellants’ motion to vacate their default was properly denied. Defendants’s failure to timely pay a $15,000 court-ordered sanction may be deemed willful, as such recent conduct... Read more »

Posted: 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 China Dev. Indus. Bank v. Morgan Stanley & Co. Inc., 2018 NY Slip Op. 33385(U), imposing a preclusion sanction on a defendant for spoliation of evidence, explaining: Under the common law doctrine of spoliation, dismissal is appropriate where key... Read more »

Posted: 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 Callsome Solutions Inc. v. Google, Inc., 2018 NY Slip Op. 32716(U), sanctioning a party for making excessive attorneys’ eyes only confidentiality designations, explaining: Our court system is dependent on all parties engaged in litigation abiding by the rules of... Read more »