Posts Categorized: Discovery/Disclosure

Posted: July 11, 2014

Commercial Division Rules Amended to Add Rules Regarding Case Assignment and Privilege Logs

The Chief Administrative Judge has signed orders (1) amending the rules regarding the assignment of cases to the Commercial Division and (2) adding a new rule regarding the preparation of privilege logs. The amended NYCRR § 202.70(d) – (e), which goes into effect on September 2, 2014, provides regarding assignment of cases to the Commercial Division: Assignment... Read more »

Posted: July 11, 2014

Trade Secrets Discoverable From Non-Party Only When Relevant, Indispensable and Not Otherwise Acquirable

On July 9, 2014, the Second Department issued a decision in Ferolito v. Arizona Beverages USA, LLC, 2014 NY Slip Op. 05153, quashing those parts of a non-party that sought the production of trade secrets. In Ferolito, the plaintiff moved to compel compliance with a subpoena it served on non-party Morgan Stanley & Co., LLC.... Read more »

Posted: July 6, 2014

Commissions for Out-of-State Discovery Not Issued When No Showing that Proposed Deponent Would Not Give Discovery Voluntarily

On June 30, 2014, Justice Destefano of the Nassau County Commercial Division issued a decision in Vasomedical, Inc. v. Barron, 2014 NY Slip Op. 51015(U), denying a motion for commissions to take discovery outside New York. In Vasomedical, the defendants sought commissions to take depositions outside New York state. Except for the application that was... Read more »

Posted: June 24, 2014

Summary Judgment Granted Despite Request for More Discovery

On June 20, 2014, the Fourth Department issued a decision in Resetarits Construction Corp. v. Olmsted, 2014 NY Slip Op. 04633, granting a motion for summary judgment despite the plaintiff’s argument that the motion was premature because the plaintiff had not had an adequate opportunity to take discovery. In Resetarits Construction Corp., the plaintiff sued... Read more »

Posted: June 16, 2014

First Department Addresses Disclosure of Documents That Are Privileged as to Only Some Parties

On June 10, 2014, the First Department issued a decision in Arkin Kaplan Rice LLP v. Kaplan, 2014 NY Slip Op. 04154, addressing the disclosure of documents that were privileged as to some plaintiffs but not others. Arkin Kaplan Rice, one of the plaintiffs moved “for, among other things, disclosure of a legal file maintained... Read more »

Posted: May 23, 2014

Organization State Law Determines Whether Derivative Action Plaintiff is Entitled to Discovery on Demand Refusal

On May 22, 2014, the First Department issued a decision in Lerner v. Prince, 2014 NY Slip Op. 03763, holding in a derivative action, the law of the state of organization, not the forum state, determines whether the plaintiff is entitled to discovery on the basis for the refusal of its demand. In Lerner, the nominal-defendant corporation’s... Read more »

Posted: May 14, 2014

Airbnb Subpoena Quashed as Overbroad

On May 13, 2014, Justice Connolly of the Albany County Supreme Court issued a decision in Airbnb, Inc. v. Schneiderman, Index No. 5393-13, quashing a much-publicized subpoena by the State Attorney General’s Office on Airbnb, Inc. seeking information on its clients that rent apartments in New York state. Justice Connolly rejected most of the arguments... Read more »

Posted: April 8, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. The proposed new rule states that parties and nonparties “should adhere to the Commercial Division’s Guidelines for Discovery of . . . ESI from Nonparties. Those Guidelines were developed by the Advisory Council with input from, among... Read more »