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NY Commercial Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Motion to Compel Discovery

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DHL’s Fraudulent Inducement Counterclaim against Worldwide Express Operations, LLC Franchisees Dismissed for Failure to State a Cause of Action

Posted in CPLR 3211, Failure to State a Claim, Fraud, Industry: Transportation, Justice Ramos, Charles E., Motion to Compel Discovery, Motion to Dismiss, New York

In a July 1, 2014 Commercial Division decision by Justice Ramos, the court granted the plaintiffs’ motion to dismiss the defendant DHL’s counterclaim for fraudulent inducement. The plaintiffs, all franchisees of Worldwide Express Operations, LLC (“Worldwide”), a former reseller of DHL’s shipping services, argued that DHL failed to state a cause of action. The plaintiffs… Continue Reading

Vijay Singh’s Motion to Compel Disclosure in Deer Antler Spray Suit Granted in Part and Denied in Part

Posted in Breach of Fiduciary Duty, Conversion, Discovery, Industry: sports, Justice Bransten, Eileen, Motion to Compel Discovery, Negligence, New York

In a June 12, 2014 Commercial Division decision by Justice Bransten, the court granted in part and denied in part the plaintiff’s motion to compel disclosure of certain documents and materials, and responses to certain interrogatories. This case, which was previously written about on this blog in a March 25, 2014 post by Matthew D…. Continue Reading

Lessons in Discovery—from Directions Not To Answer in Depositions to Document Production: Freidman v Fayenson

Posted in Attorney-Client Privilege, Depositions, Discovery, Industry: real estate, Justice Bransten, Eileen, Motion to Compel Discovery, New York, Sanctions

In a December 4, 2013 decision by Justice Bransten, the Commercial Division was faced with myriad discovery disputes, ranging from the refusal to produce an insurance policy to directions not to answer questions posed at a deposition.  In a 29-page decision, Justice Bransten carefully navigated and decided each of the discovery issues presented, giving clear… Continue Reading

Derivative Claims Not Necessary as Court Permits Individual Claims by Shareholder Against Fellow Shareholder: Meseonznik v Govorenkov

Posted in Discovery, Industry: retail, Justice Demarest, Carolyn E., Kings, Motion to Compel Discovery, Sanctions, Summary Judgment

In a September 10, 2012 decision by Justice Demarest in an action brought by a 50% shareholder alleging the fraudulent dissolution of two corporations, the court denied the defendants’ motion for sanctions against the plaintiff for bringing a motion to compel discovery. The motion was based on the defendants’ claims that the plaintiff waited more… Continue Reading

Court Permits Plaintiffs to Conduct Limited Discovery Concerning Class Certification and Allows Action to Proceed Over Objections to Commonality of Proposed Class: Kodirov v Community Home Care Referral Serv., Inc.

Posted in Class Action, CPLR 3211, CPLR Article 9, Discovery, Industry: healthcare, Justice Demarest, Carolyn E., Kings, Motion to Compel Discovery, Motion to Dismiss, New York Labor Law, Wage and Hour

In a May 8, 2012, decision by Justice Demarest, the court denied defendant’s motion to dismiss and granted plaintiffs’ motion to compel discovery.  Plaintiffs brought a wage-and-hour action on behalf of a proposed class of home health care workers.  Defendant-employer moved to dismiss, claiming that it did not violate any provisions of New York’s Labor… Continue Reading

County Denied E-Discovery from LIPA: County of Suffolk v Long Island Power Auth.

Posted in Article 78, Discovery, Electronic Discovery, Industry: public utility, Justice Emerson, Elizabeth, Motion to Compel Discovery, Suffolk

In an April 3, 2012 decision by Justice Emerson, the court denied the plaintiff’s Article 78 petition to compel LIPA to produce certain e-mails in response to a FOIL request the plaintiff made in connection with pending litigation between the parties. The plaintiff commenced the special proceeding after LIPA denied its FOIL request for certain… Continue Reading

Discovery Request Regarding a Category of Damages Not Asserted in Complaint Deemed Not Material and Necessary: BGC Partners Inc. v Board of Trade of the City of Chicago, Inc.

Posted in Breach of Contract, Consequential Damages, CPLR 3013, CPLR 3025, CPLR 3214, Damages, Discovery, Industry: technology, Justice Bransten, Eileen, Material and Necessary, Motion to Amend, Motion to Compel Discovery, New York, Notice Pleading

In a September 27, 2011, decision by Justice Bransten, the court denied plaintiff’s motion to compel but granted its motion to amend its complaint. Plaintiff provided defendant Chicago Board of Trade with software and related services to assist in the trade of futures and options on futures under a “network” agreement. When plaintiff allegedly disclosed the terms… Continue Reading

Legal Malpractice Claims for Failing to Enter Default Judgment Survive Motion to Dismiss: Smith v. Kaplan Belsky Ross Bartell, LLP

Posted in Justice Bucaria, Stephen A., Legal Malpractice, Motion for Leave to Amend, Motion to Compel Discovery, Motion to Dismiss, Nassau

In a May18, 2011 decision by Justice Bucaria, the Court considered various motions and cross-motions in a legal malpractice action. The case arose out of an earlier case plaintiffs brought against an accounting firm for negligent misrepresentation. Defendant accounting firm defaulted, but plaintiffs’ law firm (defendants in the current action) failed to enter a default judgment for… Continue Reading

Evidence of Corporate Informalities and Fraudulent Transfer Bars Summary Judgment on Shareholder’s Entitlement to Stock Certificate and Transferability of Shares: Tulino v Tulino

Posted in BCL 508, Breach of Fiduciary Duty, Corporate Formalities, CPLR 3025, CPLR 3124, CPLR 3211, CPLR 3212, Derivative Actions, Discovery, Failure to State a Claim, Industry: real estate, Justice Bucaria, Stephen A., Lack of Capacity, Motion for Leave to Amend Pleadings, Motion to Compel Discovery, Motion to Dismiss, Nassau, Restraint on Alienation, Shareholder Dispute, Summary Judgment

In a December 2, 2010, decision by Justice Bucaria, the court denied defendant-50% shareholder’s motion to dismiss but granted his motion to compel discovery. The court also denied plaintiff-50% shareholder’s motion for summary judgment but granted him leave to amend the complaint. Plaintiff entered into an agreement with a third party to sell his interest in defendant-corporation,… Continue Reading

Silverman v Shaoul, Sup Ct NY County, Nov, 3, 2010, Bransten, J, Index No. 603231/08

Posted in Electronic Discovery, Justice Bransten, Eileen, Motion to Compel Discovery, New York

In a November 3, 2010 decision by Justice Bransten, the Court denied the defendants’ motion to compel the plaintiffs to pay for the costs of the defendants’ production of electronic discovery. The Court rejected the defendants’ argument that the plaintiff’s failure to respond to correspondence concerning discovery cost estimates constituted the plaintiff’s agreement to pay… Continue Reading