Posts Categorized: Discovery/Disclosure

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 »

Posted: November 22, 2019

Court Should Have Granted Source Code Attorneys’ Eyes Only Protection

On November 12, 2019, the First Department issued a decision in BEC Capital, LLC v. Bistrovic, 2019 NY Slip Op. 08144, holding that a court should have granted source code attorneys’ eyes only protection, explaining: The production of defendants’ source code, which is a trade secret, should have been ordered to be produced for “attorneys... Read more »

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 »