Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

On January 28, 2025, Justice Nancy M. Bannon granted a motion to quash a third-party subpoena seeking deposition testimony and the production of documents on the basis that the subpoenaing party had waited too long to seek the disclosures. In Arlus Owners LLC, et al. v. 829 Mad. Ave. LLC, et al., Index No. 653842/2022, the defendant served the subpoena on a real estate broker just before the deadline for completing discovery and filing the note of issue and certificate of readiness. The Court granted the motion to quash, explaining: Read More

On August 30, 2024, Justice Margaret A. Chan granted plaintiffs’ motion for an order of disclosure against Goldman Sachs, UBS Financial Services, and Santander Bank, requiring them to produce documents relating to a defendant’s transaction history in accounts maintained with those institutions. In Ativos Especiais II, et al., v. Kenneth Steven Pope, Index No. 655972/2023, the plaintiffs sought disclosure concerning certain garnished accounts of the defendant. The Court concluded that the plaintiffs were entitled to that information. It explained: Read More

On August 23, 2024, Justice Andrew Borrok granted a judgment creditor’s post-judgment subpoena deuces tecum against the law firm, Steptoe LLP. In Altium Growth Fund, L.P., et al., v. Tingo Group Inc., Index No. 651910/2023, Steptoe LLP was retained by the Committee of Independent Directors of the judgment debtor to investigate claims of fraud by the company and its CEO. Steptoe LLP did not directly represent the judgment debtor, but the firm objected to the production of documents on the grounds of privilege. The Court granted the motion to compel, finding that no privilege attached to the sought-after documents and no opposition had been filed. It explained: Read More

On January 25, 2024, Justice Robert R. Reed granted a motion to quash several subpoenas seeking financial records from third parties as “utterly irrelevant to the action,” rejecting arguments that the requested records supported a defendant’s counterclaim and affirmative defenses. The decision in UKI Freedom LLC v. Organization for the Defense of Four Freedoms For Ukraine, et al., Index No. 158095/2022, noted that the defendant’s counterclaim had previously been dismissed and that the affirmative defenses relied upon by the defendant were too conclusory to support third-party discovery. The Court explained: Read More

On December 19, 2023, Justice Margaret A. Chan of the New York County Commercial Division, issued a decision in Millenium Consolidated Holdings, LLC v. Bluefin Capital Management, LLC, Index No. 656387/2022, granting Plaintiff’s motion to quash a subpoena on its former employee on the basis that it was overbroad and an improper “fishing expedition.” The Court explained: Read More