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:

First, as to Plaintiffs’ request to compel discovery relating to Yasemin’s action taken in personal capacity (as opposed to in her capacity as trustee), Yasemin is directed to produce all relevant and responsive documents and communications in her possession, regardless of the “capacity” in which Yasemin sent, received, drafted or executed these documents. The threshold issue is relevance. A bright light rule based on “capacity” is not sustainable.

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