- Posted: February 21, 2025 / Commercial Division Blog
Court Holds That Reliance On Advice Of Counsel In A Public Press Release Waives Attorney-Client Privilege
On December 9, 2024, Justice Andrew Borrok issued an order holding that a judgment debtor’s public denial of fraud allegations in a press release “based on and in reliance on advice received from outside counsel’s . . . investigation” waived its ability to assert attorney-client privilege over the investigation. The order in Altium Growth Fund, L.P., et al., v. Tingo Group, Inc., Index No. 651910/2023, resulted from motions made after the debtor’s counsel, Greenberg Traurig, LLP, refused to answer certain questions at a deposition based on an assertion of the attorney-client privilege. The Court explained: Read More
- Posted: February 19, 2025 / Commercial Division Blog
Court Orders Production Of Documents From Party Regardless Of The “Capacity” In Which The Party Acted
On December 4, 2024, Justice Joel M. Cohen granted in part a motion to compel the production of documents in a defendant’s possession regardless of whether the defendant possessed them in a “personal” capacity or from acting as a trustee. In Conca Tekiner Chelsea, et al., v. Yasemin Tekiner, et al., Index No. 154224/2023, Defendant Yasemin Tekiner withheld certain documents and communications on the basis that she sent, received, drafted or executed the documents in a personal capacity rather than while acting as a trustee. The Court ordered production of the documents. It explained: Read More
- Posted: February 14, 2025 / Commercial Division Blog
Law Of The Case Applies To Privies, But Only As To Issues Resolved By Prior Decision
In an order dated December 23, 2024, Justice Andrew Borrok applied the law of the case doctrine in declining to dismiss a counterclaim for breach of contract. The case is JDS Construction Group LLC v. Copper Services, LLC, Index No. 56912/2020. Read More
- Posted: February 12, 2025 / Commercial Division Blog
Court Greatly Reduces Amount Sought As Condition To Vacating Default
On December 31, 2024, Justice Andrea Masley awarded less than 15% of the amount sought by plaintiffs as the amount for defendants to pay as a condition to excusing their default. The case is Universal Investment v. Bakrie Telecom Pte, Ltd., Index No. 652890/2014. Read More
- Posted: February 10, 2025 / Commercial Division Blog
Attachment Of Foreign Energy Company Assets Granted
On December 20, 2024 Justice Joel Cohen granted an order of attachment against a foreign energy company under CPLR § 6205 and the Foreign Sovereign Immunities Act (“FSIA”). The case is Mistyrise International Limited v. Corporacion Electrica Nacional S.A., Index No. 655219/2021. Read More
Load More
