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 »
Blogs
Posts Categorized: Sanctions
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 Kamco Supply Corp. v. Nastasi & Associates, Inc., 2018 NY Slip Op. 31200(U), striking an answer as a sanction for spoliation of evidence, explaining: A party seeking spoliation sanctions must show that: (1) the party having control over… Read more »
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 »
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 »
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 »
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 in Jfurti, LLC v. Verschleiser, 2017 NY Slip Op. 32357(U), refusing to grant an attorneys’ fees for 100 hours of work on a motion to compel, explaining: It is within the court’s discretion to determine the reasonableness of an… Read more »
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 decision in Home Equity Mortgage Trust Series 2006-5 by U.S. Bank N.A. v. DLJ Mortgage Capital, Inc., 2017 NY Slip Op. 32053(U), sanctioning an RMBS trustee for using borrower data that had been sought through subpoenas that the court had… Read more »
Destroyed Evidence Presumed Relevant When it is Intentionally Deleted
On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Corp., 2017 NY Slip Op. 06995, holding that evidence is presumed to be relevant when it is intentionally destroyed, explaining: Spoliation sanctions were providently granted. The record demonstrated that plaintiff was in control of her own email account; was aware,… Read more »
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 in Brook v. Peconic Bay Medical Center, 2017 NY Slip Op. 31728(U), granting an adverse inference sanction for failure adequately to preserve evidence, explaining: A party that seeks sanctions for spoliation of evidence must show that the party having… Read more »
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 Pipeline Co., L.P., 2017 NY Slip Op. 05473, holding that a movant had failed to meet the high burden of showing that an opponent’s conduct was frivolous, explaining: A court, in its discretion, may award to any party… Read more »