Posts Categorized: Discovery/Disclosure

Posted: November 3, 2014

Client Q & A: I’ve Been Served With a Subpoena. Now What?

I’ve been served with a subpoena. Now what? By Erik S. Groothuis. When parties to civil a lawsuit need evidence from non-parties to support their claims or defenses, they may issue subpoenas to obtain such evidence. These subpoenas are often personally served by process servers in the same way that complaints initiating lawsuits get served.... Read more »

Posted: October 5, 2014

Court Orders Conditional Dismissal for Failure to Provide Discovery

On September 8, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in 595393 Alberta Ltd. v. Fossil Industries, Inc., 2014 NY Slip Op. 32406(U), conditionally dismissing a complaint for failure to provide discovery. In 595393 Alberta Ltd., the plaintiff moved to sanction the defendant for its failure to produce relevant e-mails.... Read more »

Posted: September 20, 2014

First Department Reverses Trial Court Discovery Order

On September 18, 2014, the First Department issued a decision in MSCI Inc. v. Jacob, 2014 NY Slip Op. 06239, reversing a trial court order limiting discovery. In MSCI Inc., the First Department acknowledged that “[a] trial court is vested with broad discretion in its supervision of disclosure,” that “deference is afforded to the trial court’s... Read more »

Posted: September 15, 2014

Plaintiff’s Concealment of Fact that Money Owed under a Note had been Repaid by a Third Party Justified Striking the Complaint as a Discovery Sanction

On September 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a Decision and Order in People’s Capital & Leasing Corp. v. Color-Web, Inc., 2014 NY Slip Op. 32353(U), granting a CPLR 3126 motion to strike the complaint as a sanction for discovery abuses. In People’s Capital & Leasing, the underlying dispute... Read more »

Posted: September 7, 2014

Defendant Not Allowed to Subpoena Plaintiffs’ Employees Directly

On August 28, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Town New Development Sales & Marketing LLC v. Price, 2014 NY Slip Op. 32307(U), explaining the application of CPLR 3106 when a party seeks to depose an opponent’s employees. In Town New Development Sales & Marketing, an employment contract... Read more »

Posted: August 19, 2014

Judgment Creditor’s Attempt to Compel Turnover of Israeli Bank Account Denied due to Lack of Jurisdiction, ‘Separate Entity’ Rule

On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Gliklad v. Bank Hapoalim B.M., 2014 NY Slip Op. 32117(U), dismissing a petition to compel an Israeli bank to answer a subpoena and turn over funds. In April 2014, the plaintiff, Gliklad, got a $505 million judgment on a... Read more »

Posted: August 15, 2014

Commercial Division Rules Amended to Add Rule Regarding Discovery of Non-Party ESI

The Chief Administrative Judge has signed an order adding a new rule regarding the discovery of electronically-stored information from non-parties. The new Commercial Division Rule 11-c and Appendix A, which goes into effect on September 2, 2014, provides: Rule 11-c. Discovery of Electronically Stored Information from Nonparties. Parties and nonparties should adhere to the Commercial... Read more »

Posted: July 29, 2014

Analyses Performed by Litigation Counsel Not Work Product When Done to Meet Contractual Obligation

On July 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Home Equity Mortgage Trust Series 2006-1 v. DLJ Mortgage Capital, Inc., 2014 NY Slip Op. 31923(U), granting a motion to compel the production of analyses performed by litigation counsel. In Home Equity Mortgage Trust Series 2006-1, the plaintiff... Read more »

Posted: July 28, 2014

Court Refuses to Order Production of ESI, Finding Previous Productions Sufficient

On July 17, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in MBIA Ins. Corp. v. Credit Suisse Sec. (USA) LLC, 2014 NY Slip Op. 31871(U), denying the plaintiff’s motion to compel production of electronically stored information (ESI) that it claimed the defendant had improperly withheld as “non-responsive.” The court... Read more »