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Posts Categorized: Sanctions

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 »

Posted: October 31, 2018

Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims

On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 32562(U), sanctioning a litigant for seeking to arbitrate previously-litigated claims, explaining: It is well settled that the right to arbitration may be modified, waived or abandoned. The question of whether parties waived their right to arbitrate by their litigation-related… Read more »

Posted: October 26, 2018

First Department Affirms Conditional Order Striking Complaint

On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Eileen Bransten of the New York County Commercial Division in Anderson & Anderson LLP-Guangzhou v North Am. Foreign Trading Corp., 2018 NY Slip Op 06971. Although the primary question before the court was Justice Bransten’s ruling enforcing a conditional… Read more »

Posted: August 16, 2018

Court Sanctions Litigant for Frivolous Litigation, Including Awarding Attorneys’ Fees for Defending Frivolous Claims

On August 1, 2018, Justice Ramos of the New York County Commercial Division issued a decision in Citigroup Global Markets, Inc. v. Fiorilla, 2018 NY Slip Op. 31919(U), sanctioning a litigant for frivolous litigation, including awarding attorneys’ fees for defending against the frivolous claims, explaining: Uniform Rule 130-1.1 vests this Court with discretion to award… Read more »

Posted: July 19, 2018

Plaintiff Sanctioned For Attempting to Relitigate Previously Decided Claims in New York Against Defendants Over Which Court Had No Jurisdiction

On July 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Kyowa Seni, Co., Ltd. v. ANA Aircraft Technics, Co., Ltd., 2018 NY Slip Op. 28211, sanctioning a plaintiff for relitigating an already-decided claim in New York against defendants not subject to jurisdiction here, explaining: Pursuant to 22 NYCCR… Read more »

Posted: June 26, 2018

First Department Sanctions Appellant $10,000 for Making Frivolous Argument

On June 21, 2018, the First Department issued a decision in Matter of Del Monaco v. Diamond, 2018 NY Slip Op. 04652, sanctioning an appellant for making a frivolous argument, explaining: Respondent’s argument that despite the court’s order holding him liable and directing him to repay the misappropriated funds, petitioner was responsible for enforcing the… Read more »

Posted: May 12, 2018

IAS Court Did Not Err in Striking Defendants’ Pleadings as a Discovery Sanction

On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 03465, affirming the striking of defendants’ pleadings as a discovery sanction, explaining: The motion court’s decision to strike, based on a finding that defendants’ conduct with respect to its discovery obligations was willful and contumacious and without… Read more »

Posted: January 20, 2018

Limited Record Before Trial Court Did Not Justify Striking Answer as Discovery Sanction

On January 17, 2018, the Second Department issued a decision in PAL Envtl. Servs., Inc. v. LJC Dismantling Corp., 2018 NY Slip Op. 00301, reversing an order granting a discovery sanction, explaining: As public policy strongly favors the resolution of actions on the merits whenever possible, the striking of a party’s pleading is a drastic… Read more »

Posted: November 28, 2017

Judge Cogan Re-Imposes Sanctions in Case of International Intrigue

District Judge Brian M. Cogan recently re-imposed sanctions on the defendants in Funk v. Belneftekhim a/k/a Concern Belneftekhim, 14 CV 0376 (E.D.N.Y. Oct. 17, 2017) after the Second Circuit addressed the nuances of sanctioning parties for non-compliances with jurisdictional discovery. Of course, the term “jurisdictional discovery” is a bit of a misnomer, since a court… Read more »