CPLR 3124

by

New York City skyline at sunset New York City skyline at sunset

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
Share This:
by

Close-up of White House on US dollar Close-up of White House on US dollar

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
Share This:
by

Pospis Law PLLC logo Pospis Law PLLC logo

Despite what popular culture may imply, the main battles of litigation are not waged in the courtroom, but rather in various pre-trial events that, together, comprise what is known as “discovery.” In this phase, the parties use various methods to obtain (“discover”) information from the other side. Among the various (and most prevalent) discovery methods…

Read More A Cautionary Tale Regarding Attorney Deposition Conduct
Share This:
by

Person wearing glasses and suit in office Person wearing glasses and suit in office

In Mascaro v. Brant Publications, Inc., No. 152662/2019, 2020 WL 5229247 (N.Y. Sup Ct, New York County Aug. 28, 2020) – in which plaintiff asserts claims for age and disability discrimination under the New York State Human Rights Law – the court denied plaintiff’s motion (pursuant to CPLR 3124 and 3126) to compel responses to…

Read More Pre-Preliminary Conference Discovery Motion Denied in Age/Disability Discrimination Case
Share This:
by

Smiling man in suit with law books Smiling man in suit with law books

While relatively short, the First Department’s recent decision in Donovan v. NYC Housing Authority, 2019 N.Y. Slip Op. 09394, 2019 WL 7173616 (N.Y.A.D. 1 Dept., Dec. 26, 2019), is instructive on the scope of medical discovery that courts will allow/disallow in an employment discrimination case. The court below had issued an Order denying defendant’s motion,…

Read More Court Orders Medical Discovery in Employment Discrimination/Retaliation Case
Share This:
by

Sign on bar door refusing service to anyone Sign on bar door refusing service to anyone

In O’Halloran v. Metropolitan Transp. Auth., 2019 NY Slip Op 01318 (App. Div. 1st Dept. Feb. 21, 2019), an employment discrimination case, the Appellate Division, First Department unanimously affirmed the lower court’s decision granting plaintiff’s motion (pursuant to CPLR 3124) compelling the defendant to provide certain discovery. Citing New York CPLR 3101(a) and relevant case law,…

Read More Order Compelling Discovery in Employment Discrimination Case Affirmed
Share This:
by

Man in suit with red bow tie interviewed Man in suit with red bow tie interviewed

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…

Read More Court Orders Discovery Relating to Termination of Similarly-Situated Employees in Gender Discrimination Case
Share This:
by

Green stylized P and L monogram logo Green stylized P and L monogram logo

In Spearin v. Linmar, L.P., 129 AD3d 528 (App. Div. 1st Dept. June 16, 2015), a personal injury case, the court addressed an issue that is coming up with increasing frequency: namely, the extent to which a plaintiff’s social media postings must be turned over in discovery. The court reversed a lower court decision that “ordered…

Read More Piano-Playing Plaintiff’s Facebook Posts Ordered for In-Camera Inspection
Share This:
© 2026 Pospis Law, PLLC. All Rights Reserved.