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June 6, 2025 Orders Of Contempt Entered Against Spouse of Judgment Debtor And Her LLC For Failure To Provide Post-Judgment Discovery Concerning Transfer By Judgment Debtor
On March 27, 2025, Justice Melissa A. Crane held two non-parties in contempt of court based on their failure to respond to discovery demands concerning a real property transfer. The case is TH Holdco LLC v. Rubin, Index No. 650955/2023. Read More
May 30, 2025 Fraud Claim Dismissed, and Plaintiffs Sanctioned, When Contemporaneous Communications Showed Plaintiffs Did Not Rely on Alleged Misrepresentation
On April 25, 2025, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Landau v. DGital Media LLC, Index No. 654067/2019, granting summary judgment dismissing plaintiffs' fraud claim and awarding attorneys' fees and costs against plaintiffs, because plaintiffs' own contemporaneous communications showed that they did not rely on defendants' alleged misrepresentation, holding: Read More
October 9, 2024 Court Reduces Attorneys’ Fee Request 50% Due To Block Billing
On September 5, 2024, Justice Melissa A. Crane declined to award plaintiff the full amount of requested attorneys’ fees and reduced the requested amount by 50%. In EXRP 14 Holdings LLC v. LS-15 Ave LLC, Index No. 652698/2022, the Court had previously granted plaintiff’s motion for sanctions, ordered defendant to reimburse plaintiff for the reasonable costs of making a prior motion, and directed plaintiff to submit supporting documentation for its fee request. In making its 50% reduction, the Court explained: Read More
September 20, 2024 Complaint Stricken After Plaintiff Repeatedly Failed to Appear for Deposition
On August 22, 2024, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in O'Rourke v. Hammerstein Ballroom, Index No. 161427/2019, striking the complaint and dismissing plaintiff's case after plaintiff repeatedly failed to appear for his court-ordered deposition, explaining: Read More
September 13, 2024 Court Denies Motion For Sanctions Based On Anticipated Motion
On June 11, 2024, Justice Joel M. Cohen denied Defendants’ motion for sanctions in anticipation of a motion by the individual plaintiff to renew or reargue the Court’s prior dismissal of the action in Zaklady Tytoniowe W. Lubline S.A. v. MS Global Funding LLC, Index No. 652975/2014, on forum non conveniens grounds. The plaintiff indicated he planned to file a motion for renewal or reargument, and Defendants filed a motion for, inter alia, sanctions under 22 NYCRR 1301.1. The Court denied the motion without prejudice as premature, explaining: Read More
April 3, 2024 Defendant's Production of "Screenshots" of ESI Insufficient
On March 6, 2024, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Zuckerbrot v. Gellis Lande, Index No. 655110/2020, rejecting defendant's claim that her production of "screenshots" of electronically stored information (ESI), rather than "native format ESI," from her social media accounts was sufficient, and fashioning a procedure by which recovery of defendant's social media data may be retrieved, explaining: Read More
March 1, 2024 Court Rejects Claim Of Impossibility Regarding Preservation of Evidence
On January 18, 2024, Justice Andrea Masley granted sanctions against defendant Charter Communications Operating, LLC (“Charter”) for spoliation of evidence. The decision in Earthlink, LLC v. Charter Communications Operating, LLC, Index No. 654332/2020, rejected Charter’s claim that preserving recordings of millions of calls over several months was impossible. The Court explained: Read More
January 31, 2024 Court Grants Defendants’ Motion To Dismiss But Also Sanctions Them For Discovery Violations
On December 22, 2023, Justice Margaret A. Chan both granted the motion by certain defendants to dismiss, but also granted plaintiff’s request for sanctions against them. The decision in SG575 Holdings LLC v. Richard Stuyvesant Holdings et al., Index No. 651246/2019, concerned an alleged Ponzi scheme. Plaintiff had deposited $1 million into the escrow account of defendant Pincus Carlebach, a now disbarred attorney, pursuant to a sale/purchase agreement regarding certain real estate, but when the agreement was cancelled, Carlebach had misappropriated the escrowed money. Defendants were parties who had also deposited funds in Carlebach’s account but received their funds back from plaintiff’s $1 million. As to the motion to dismiss, the Court explained: Read More
August 25, 2023 Defendants' Answer Stricken for Failure to Comply With Discovery Orders
On July 10, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Kaiping Hong-Ri Garment Co. Ltd. v. Goldfarb, 2023 NY Slip Op 32459(U), striking defendants' answer and entering a default judgment because of defendants' failure to comply with the court's discovery orders, explaining: Read More
August 16, 2023 Court Grants Sanctions For Conduct At Deposition
In an Opinion dated June 20, 2023, in Constantina Bacopoulou DDS PC v. Carnegie Dental PC, Index No. 650010/2022, Justice Andrea Masley granted Plaintiffs’ motion for sanctions against defendants for conduct during a deposition. Justice Masley concluded that defendants’ counsel violated Rules of Professional Conduct 8.4(g), which prohibits lawyers from engaging in conduct that constitutes discrimination or harassment on the basis of, inter alia, sex and Commercial Division rules barring speaking objections at depositions. The Court further appointed a special referee and directed the attorneys, who the Court found contributed to the delay and acrimony in the case, and not the clients, to split the referee’s fees 25% (plaintiffs’ counsel)-75% (defendants’ counsel). As to Defendants’ counsel conduct at the deposition, the Court explained: Read More
July 5, 2023 Court Declines to Vacate Note of Issue Where Remaining Issues Could Be Decided on Post-Discovery Motions Or Were Not Preserved
On May 31, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Oldcastle Precast v. Steiner Bldg. N.Y. City LLC, 2023 N.Y. Misc. LEXIS 2675, denying defendants’ motion to vacate the note of issue. In the action, the parties had proceeded in discovery before a special referee, who had decided numerous discovery issues prior to the filing of the note of issue but left certain other issues relating to sanctions and the admissibility of certain expert reports for the Court to decide. The Court rejected defendants’ arguments that the special referee’s failure to decide these issues warranted vacating the note of issue, because those issues could still be addresses on summary judgment or motions in limine or were not preserved. Read More
May 3, 2023 Court Precludes Party From Introducing Exhibits And Witnesses And Objecting To Admissibility Of Other Party’s Exhibits
In an Opinion, dated March 31, 2023, in Kalamotousakis v. Karp, Index No. 655880/2019, Justice Melissa A Crane granted in part plaintiff’s motion in limine precluding defendants from introducing exhibits and witnesses at trial, as well as from objecting to the admissibility of plaintiff’s trial exhibits, but denied the motion to the extent it sought an order striking defendants’ answer and counterclaims. The Court explained: Read More
April 26, 2023 Court Declines To Issue Sanctions For Discovery Violations But Suggests Significant Sanctions Would Follow If Defendant Failed To Comply
In a Decision and Order on Motion, dated March 30, 2023, in Zuckerbrot v. Lande, Index No. 655110/2020, Justice Joel M. Cohen granted in part plaintiffs’ motion concerning various discovery violations by defendant. While noting significant violations, the Court declined, at the current juncture, to impose sanctions, explaining: Read More
March 24, 2023 Lawyer’s “Good Faith” Judgment Call Invalid Defense to Violating Court Order
In a Decision and Order, dated January 17, 2023, in Silverstein v. Borukhin, Index No. 650418/2021, Justice Jennifer Schecter of the New York County Commercial Division ordered plaintiff’s counsel to pay sanctions for advising his expert that it was acceptable to photograph source code for use in his report without first seeking or obtaining defendants’ consent or court approval as required. The Court explained: Read More
February 17, 2023 Sanctions, But Not Striking of Pleadings, Warranted for Failure to Properly Produce or Log Privileged Documents
On January 12, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Lis v. Lancaster, 2023 N.Y. Misc. LEXIS 182, permitting the plaintiff to make a motion for sanctions in the form of its reasonable attorneys’ fees in making a discovery motion where the opposing party improperly withheld documents pursuant to the attorney-client privilege without properly logging those documents on a privilege log. The Court denied the motion insofar as it asked the Court to strike the defendants’ pleadings pursuant to CPLR 3126. The Court explained: Read More
October 19, 2022 Party Must Produce Deponents for Supplemental Depositions Following Late Disclosure of New Evidence
On October 4, 2022, Justice Andrew S. Borrok of the New York County Commercial Division issued a decision in 39 West 23rd Street, LLC v. Pizzarotti, LLC, 2022 N.Y. Slip Op. 33356(U), ordering a party to produce its deponents for supplemental depositions, at that party's cost, when that party amended its interrogatory responses concerning its damages after these deponents' depositions already took place, explaining: Read More
August 17, 2022 Court Holds Defendants In Contempt For Failure To Segregate Funds
In a Decision and Order dated July 29, 2022, in Lotte Hotel New York Palace, LLC v. Anthony J. DiGuiseppe, P.C., 2022 N.Y. Slip Op. 32606(U), Justice Andrea Masley held defendants in contempt regarding their failure to place certain funds in a segregated account.  The Court further awarded plaintiff sanctions against the defendants in the amount of plaintiff's costs and reasonable attorney's fees incurred in prosecuting the action. Read More
July 29, 2022 Attorneys' Fees Awarded Even in Absence of Itemized Time Records
On May 7, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Continental Industries Group, Inc. v. Ustuntas, 2022 N.Y. Slip Op. 31525(U), awarding attorneys' fees to defendants even when defendants' counsel did not submit hourly or line-item invoices, explaining: Read More
May 25, 2022 Discovery Violations Result in Striking of Answer and Default Judgment
In a Decision and Order dated April 11, 2022, in Lynx Capital Partners of NJ, LLC v. Bayes Capital LLC, 2022 NY Slip. Op. 31214(U), Justice Andrew Borrok granted the plaintiff’s renewed motion for sanctions, struck the defendant’s answer, entered default judgment in plaintiff’s favor, and awarded attorneys’ fees. Read More
May 2, 2022 Plaintiff Sanctioned and Ordered to Pay Defendants' Attorneys' Fees for Making a Frivolous Motion for Reargument and Renewal
On April 12, 2022, Justice Jennifer Schecter of the New York County Commercial Division issued a decision in Cattan v. Ermotti, 2022 NYLJ LEXIS 367, sanctioning the plaintiff and ordering it to pay the defendants' attorneys' fees incurred in opposing the plaintiff's motion for reargument and renewal of the court's dismissal order based on a forum-selection clause, explaining: Read More
April 6, 2021 Release Did Not Bar Judiciary Law 487 Claim
On March 25, 2021, the First Department issued a decision in United States Life Ins. Co. in the City… Read More
December 7, 2020 Complaint Struck as Discovery Sanction
On November 25, 2020, the Second Department issued a decision in Allstar Electronics, Inc. v. R. Sco… Read More
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 R… Read More
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 i… Read More
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 a… Read More
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. 04… Read More
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 … Read More
February 14, 2020 Abuse of Process Claim Cannot be Based on Initiation of a Lawsuit
On January 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 6, 2020 Party Sanctioned for Falsifying Document
On January 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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, 2… Read More
January 8, 2020 That Court Signed OSC Does Not Mean that Motion Was Not Frivolous
On December 19, 2019, the First Department issued a decision in Matter of Citigroup Global Mkts., In… Read More
November 24, 2019 Counsel Sanctioned for Bringing Frivolous Action
On November 13, 2019, Justice Garguillo of the Suffolk County Commercial Division issued a decision … Read More
August 10, 2019 Discovery Sanctions Denied for Failure to Explain in Detail Movant's Efforts to Resolve the Dispute
On August 7, 2019, the Second Department issued a decision in Bronstein v. Charm City Hous., LLC, 20… Read More
February 28, 2019 First Department Affirms Discovery Sanction
On February 26, 2019, the First Department issued a decision in Transasia Commodities Inv. Ltd. v. N… Read More
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 … Read More
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. 3256… Read More
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 Ei… Read More
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 Cit… Read More
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 K… Read More
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… Read More
June 23, 2018 Answer Stricken as Sanction for Spoliation of Evidence
On June 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Kamc… Read More
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. 034… Read More
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 Disma… Read More
November 26, 2017 Court Refuses to Award Fees for Almost 100 hours of Work on Motion to Compel
On November 3, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 12, 2017 RMBS Trustee Sanctioned for Using Data Sought From Quashed Subpoenas
On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 5, 2017 Destroyed Evidence Presumed Relevant When it is Intentionally Deleted
On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Cor… Read More
August 29, 2017 Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence
On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
July 15, 2017 Movant Failed to Meet High Burden of Showing That Opponent's Conduct Was Frivolous
On July 5, 2017, the Second Department issued a decision in West Hempstead Water District v. Buckeye… Read More
July 8, 2017 Counsel Sanctioned for Making Multiple Motions for the Same Relief
On June 16, 2017, Justice Hudson of the Suffolk County Commercial Division issued a decision in Tric… Read More
June 2, 2017 Second Department Upholds Sanction Enjoining Party From Bringing New Actions Without Permission
On May 24, 2017, the Second Department issued a decision in DiSilvio v. Romanelli, 2017 NY Slip Op. … Read More
April 15, 2017 Striking Answer as Discovery Sanction Upheld
On April 12, 2017, the Second Department issued a decision in Mears v. Long, 2017 NY Slip Op. 02782,… Read More
July 27, 2016 Complaint Dismissed, Fees Awarded, for Disclosing Confidential Settlement Negotiations
On July 12, 2016, Justice Ramos of the New York County Commercial issued a decision in Board of Mana… Read More
April 26, 2016 First Department Upholds Sanctions For "Profanity-Laden Attack on Lawyer Conducting Deposition"
On April 19, 2016, the First Department issued a decision in Freidman v. Yakov, 2016 NY Slip Op. 029… Read More
March 13, 2016 First Department Affirms Order Enjoining Party from Bringing Further Actions Without Permission
On March 10, 2016, the First Department issued a decision in Lipin v. Hunt, 2016 NY Slip Op. 01746, … Read More
January 29, 2016 Judiciary Law Section 487 Claims Allowed in Separate Action
On January 19, 2016, the First Department issued a decision in Melcher v. Greenberg Traurig LLP, 201… Read More
January 26, 2016 Judiciary Law Section 487 Inapplicable To Administrative Agency Petition
On January 7, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decisi… Read More
January 11, 2016 Motion Court Erred in Not Dismissing Malicious Prosecution and Judiciary Law Section 487 Claims
On December 29, 2015, the First Department issued a decision in Facebook, Inc. v. DLA Piper LLP (US)… Read More
November 15, 2015 Failure Timely to Comply With Conditional Preclusion Order Causes Order to Become Absolute
On November 12, 2015, the Second Department issued a decision in Mona & Jack's Clothing, Inc. v. Ola… Read More
September 30, 2015 Court of Appeals Arguments of Interest for the Week of October 12, 2015
Upcoming oral arguments in the Court of Appeals the week of October 12, 2015, that may be of interes… Read More
September 25, 2015 Adverse Inference Sanction Upheld Where No Reasonable Explanation for Documents' Nonproduction
On September 23, 2015, the Second Department issued a decision in Schiano v. Mijul, Inc., 2015 NY Sl… Read More
July 20, 2015 “Incorrigible” Defendant’s Answer And Counterclaims Stricken For Failing To Comply With Discovery Orders
On July 13, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
June 26, 2015 Answer Dismissed For Failure To Comply With CPLR § 3126 Conditional Order
On June 3, 2015, Justice Bransten of the New York County Commercial Division issued a decision in CP… Read More
May 24, 2015 Court Explains Difference Between Civil and Criminal Contempt
On April 23, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 30, 2015 First Department Reverses Award of Sanctions for Frivolous Litigation
On April 23, 2015, the First Department issued a decision in Gordon Group Investments, LLC v. Kugler… Read More