Blogs

Posts Categorized: Sanctions

Posted: November 15, 2020

Bad Motive, Without More, Insufficient Basis for an Abuse of Process Claim

On November 4, 2020, Justice Hudson of the Suffolk County Commercial Division issued a decision in Rizvi v. North Shore Hematology-Oncology Assoc., P.C., 2020 NY Slip Op. 51281(U), holding that bad motive, without more, is an insufficient basis for an abuse of process claim, explaining: The Court now turns its attention to the Plaintiff’s Third... Read more »

Posted: September 26, 2020

Answer Struck Because of Defendant’s Failure Appear at Court Conferences or Respond to Discovery Demands

On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Disoni LLC v. Montas, 2020 NY Slip Op. 33028(U), striking a defendant’s answer for failure to appear at court conferences or respond to discovery demands, explaining: Rule 12 of the Rules of the Commercial Division provides the failure... Read more »

Posted: September 23, 2020

Mariah Carey Entitled to Sanctions and Adverse Inference After Defendant Destroyed Relevant Evidence

On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision addressing when a party is entitled to sanctions and an adverse inference at trial for the destruction of relevant evidence. In Carey v. Shakhnazarian, 2020 NY Slip Op 51040 (U), Justice Borrok confirmed longstanding New York precedent that a... Read more »

Posted: August 31, 2020

Bringing an Action Maliciously An Insufficient Basis for an Abuse of Process Claim

On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04800, holding that an abuse of process claim could not be premised on allegedly suing someone maliciously, explaining: We disagree, however, with the Supreme Court’s determination to deny that branch of the plaintiffs’ motion which was for... Read more »

Posted: May 30, 2020

Spoliation Sanctions Not Justified When Party Preserved Documents When it Became Aware That Litigation Was Probable

On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley & Co. Inc., 2020 NY Slip Op. 02987, holding that spoliation sanctions were not appropriate when a party preserved evidence as soon as it became aware that litigation was probable, explaining: Spoliation sanctions are available regardless of... Read more »

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: November 24, 2019

Counsel Sanctioned for Bringing Frivolous Action

On November 13, 2019, Justice Garguillo of the Suffolk County Commercial Division issued a decision in Doscher v. Meyer, 2019 NY Slip Op. 08171, sanctioning a litigant for bringing a frivolous action, explaining: We agree with the Supreme Court’s determination granting those branches of the respective motions of the Emerson defendants and the Greenberg Traurig... Read more »