Discovery

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In a recent case, Jane Doe v. Leon Black, No. 23-CV-6418 (JGLC), 2026 WL 1102540 (S.D.N.Y. Apr. 23, 2026), a case arising under the New York City Victims of Gender-Motivated Violence Protection Law, the court considered and imposed sanctions against plaintiff and her counsel. Among other things, the court found that plaintiff’s counsel “lied repeatedly…

Read More Deletion of Twitter Account Gives Rise to Spoliation Sanctions in Lawsuit Against Leon Black
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In D’Angelo v. City of New York, No. 150011/2018, 2026 WL 147757 (N.Y. Sup. Ct. Jan. 13, 2026), an employment discrimination case, the court ruled on a discovery dispute between the parties. In sum, the plaintiff “alleges that during the 13 years she worked at the FDNY she was subjected to harassment, intimidation, threats, physical…

Read More Court Orders Production of Unredacted Documents in Employment Discrimination Case
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In Lindsey v. Citigroup Global Markets, Inc., No. 23-CV-10166 (ALC)(SN), 2026 WL 63219 (S.D.N.Y. Jan. 8, 2026), in which plaintiff alleges claims of hostile work environment, gender discrimination, sexual assault, and retaliation, the court ruled on defendant’s motion to compel plaintiff to produce documents in response to various discovery requests. One issue addressed by the…

Read More Court Denies Motion to Compel Disclosure of Romantic Relationships in Sexual Harassment Case
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In Alexander v. New York City Health and Hosp. Corp., No. 156315/2020, 2025 WL 3708596 (N.Y. Sup. Ct. Dec. 17, 2025) – a case involving allegations of sex and gender discrimination, sexual harassment, hostile work environment, constructive discharge, and retaliation – the court, inter alia, granted defendants’ motion to compel discovery responses from plaintiff. The…

Read More Court Explains Discovery Obligations in Sexual Harassment Case
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In Anandaraja v. Icahn Sch. of Med. at Mount Sinai, No. 159045/22, 2025 WL 3028707 (N.Y. App. Div. 1 Dept. Oct. 30, 2025), the court ruled on a motion for a protective order under CPLR 3103(a) – specifically as to whether particular questions could be asked during depositions. From the decision: Supreme Court should have…

Read More Court Precludes Deposition Questions as to Dismissed Discrimination Claims
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In Muckey v. Levy Employment Law LLC, No. 152917/2025, 2025 WL 1495504 (N.Y. Sup Ct, New York County May 19, 2025), the court denied the petitioner’s request for pre-action discovery – namely, portions of a report regarding what a non-party (C.S.) said about their alleged sexual contact during an investigation culminating in a report finding,…

Read More Claim For Pre-Action Discovery Under CPLR 3102 Denied, Deemed Based on “Guesswork”
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A recent decision, Perrotte v. Bloomberg L.P. et al, No. 2024-03283, 4061, 451470/20, 2025 N.Y. Slip Op. 02046, 2025 WL 1033707 (N.Y.A.D. 1 Dept., Apr. 08, 2025), the New York Supreme Court, Appellate Division, First Department illustrates how courts assess discovery disputes in an employment discrimination case. From the decision: Supreme Court providently exercised its…

Read More First Department Assesses Discovery of Internal Complaints, Cell Phone in Sexual Harassment Case
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In Bennett v. State, No. 152438/2023, 2024 WL 4896499 (N.Y. Sup Ct, New York County Nov. 21, 2024), the court denied plaintiff’s motion for partial summary judgment against defendant on plaintiff’s claims of sexual harassment and retaliation. This decision illustrates the general principle that courts are reluctant to grant summary judgment at a stage in…

Read More Cuomo Sexual Harassment Plaintiff’s Motion for Summary Judgment Denied
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In a recent case, O’Rear v. Diaz, 24 Civ. 1669 (PAE), 2024 WL 4903722 (S.D.N.Y. Nov. 27, 2024), the court addressed an issue arising in a number of employment discrimination/sexual harassment cases, namely, the production of sexual harassment and sexual assault complaints by employees other than the plaintiff. From the decision: Plaintiff S. O’Rear sues…

Read More Plaintiff Entitled to Discovery of Sexual Harassment and Sexual Assault Complaints Made by Employees, Court Rules
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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 Practice
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