In New York practice, there are many devices available to the parties for obtaining information as part of the discovery (in NY, “disclosure”) phase of civil litigation. These include Interrogatories, Demands for Documents and Things, Depositions, and (as will be discussed here) Requests for Admissions. New York Civil Practice Law and Rules (CPLR) 3123 provides:[1]In…
Read More The Notice to Admit in New York PracticeA deposition (known in New York as an “Examination Before Trial” or “EBT”) is one of the devices used during the discovery (in New York, “disclosure”) phase of the civil litigation process. Generally A deposition/EBT is a proceeding – typically held out of court, such as in a lawyer’s office or court reporting company’s facility…
Read More Depositions in New York Practice – An Overview“Interrogatories” are a discovery tool (among many) used in lawsuits in New York courts. In sum, these are written questions seeking specific information – including the identification of witnesses and the factual bases for a party’s contentions – pertinent to the case. The use of interrogatories is specified in Civil Practice Law and Rules (CPLR…
Read More Interrogatories in New York PracticeIn litigation, “spoliation of evidence” occurs when a litigant, intentionally or negligently, disposes of crucial items of evidence before their adversary has an opportunity to inspect them. See generally New York Pattern Jury Instructions (PJI) 1:77; New York Motions in Limine § 9:24 (2024 ed.). As explained by the U.S. Court of Appeals for the…
Read More Spoliation of Evidence in New York Civil LitigationIn Dubey v. Visiting Nurse Service of New York, No. 158452/2022, 2024 WL 1973051 (N.Y. Sup Ct, New York County Apr. 30, 2024), the court denied defendant’s motion to compel deposition questions to which plaintiff objected on the ground of confidentiality. From the decision: In this action alleging employment discrimination, hostile work environment, and retaliation…
Read More Court Bars Questions About Prior Confidentially-Resolved Discrimination LawsuitPlaintiff has filed and served their Complaint, and the Defendant has either filed their Answer, or made a motion to dismiss which the Court has denied. At this point, we enter the most involved, costly, and time-consuming stage of litigation: Discovery (“Disclosure” in New York practice). (If this were a cross-country road trip from New…
Read More Anatomy of a Lawsuit, Part 4: Discovery / DisclosureIn Crandall v. Equinox Holdings, Inc., 2022 NY Slip Op 34161(U), Index No. 157373/2018 (N.Y. Sup. Ct. N.Y. Cty. Dec. 8, 2022) – arising from an alleged sexual assault in an Equinox steam room – the court, inter alia, denied plaintiff’s motion to vacate the Note of Issue, effectively precluding plaintiff from conducting depositions of…
Read More Failure to Comply With Court Order Results in Waiver of DepositionsIn Bush v. Alliant Content, LLC, 2022 NY Slip Op 22199 (NY Sup. Ct. Westchester Cty. July 5, 2022), the court ruled on an issue that became particularly relevant during the COVID pandemic, namely, whether a deposition – a proceeding, part of the “discovery” process in civil litigation, comprising the interposition of real-time questions to…
Read More Unvaccinated Cancer Survivor Must Appear For In-Person Deposition, Court RulesIn Naramore v. Mount Sinai Health Sys. Inc., 2022 NY Slip Op 03479 (N.Y. App. Div. 1 Dept. May 31, 2022), a gender discrimination case, the court addressed an issue that frequently arises in litigation, namely, the scope of discovery to which the parties are entitled. In employment discrimination cases, a plaintiff will often attempt…
Read More Court Limits Discovery in Gender Discrimination CaseIn Rosen v. N.Y.C. Department of Education, et al., 18-cv-06670, 2021 WL 5279396 (S.D.N.Y. Nov. 12, 2021), an age discrimination case, the court granted plaintiff’s motion to compel a deposition of a non-party witness, namely, plaintiff’s alleged (younger) “comparator.” In sum, plaintiff alleges (among other things) that the majority of her teacher duties were assigned…
Read More Age Discrimination Plaintiff’s Motion to Compel Deposition Testimony of Comparator Granted