Home » Blog » Archives for Motion to Compel Discovery

Motion to Compel Discovery

In Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’ respective discovery motions. The facts, as summarized by the court: Plaintiff claims that defendants created a hostile work environment on the basis […]

In Johnson v IAC/Interactive Corp., 2016 NY Slip Op 31520(U) (NY Sup. Ct. Index No. 155837 /14 Aug. 12, 2016), an employment discrimination case, the court evaluated the parties’ motions to compel discovery (per CPLR 3124) and for sanctions and/or evidence preclusion (per CPLR 3126). The court held, among other things, that plaintiff was entitled to […]

In Misas v. N.-Shore Long Island Jewish Health Sys., No. 14-cv-8787, 2016 WL 4082718 (S.D.N.Y. July 25, 2016), the court reaffirmed that an employment discrimination/sexual harassment plaintiff seeking only so-called “garden variety” emotional distress damages does not put their medical condition in issue for discovery purposes. In this case, plaintiffs assert claims of, inter alia, sexual […]

Generally, by bringing a personal injury lawsuit a plaintiff waives the physician-patient privilege, but only with respect to medical records relevant to the injuries for which compensation is sought. This point is illustrated by the decision today in Kenneh v. Jey Livery Serv., 2015 NY Slip Op 06993 (App. Div. 1st Dept. Sept. 29, 2015), in which the […]