Facebook is discoverable upon a proper foundation
New York court establishes proper foundation requirements for Facebook discovery in personal injury cases, rejecting automatic disclosure of entire accounts.
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17 articles by Jason Tenenbaum, Esq.
Conditional order striking answer trumps cross-motion for summary judgment
Court properly struck defendant's answer for discovery violations, demonstrating that conditional orders must be followed and cross-motions won't save non-compliant parties.
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EBT upheld
Court upholds EBT examination order in no-fault case where medical necessity disputed, rejecting provider's resistance to deposition despite summary judgment denial.
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Depositions of medical providers
Court rules on deposing medical providers in no-fault insurance cases when medical necessity is disputed, analyzing discovery rights under CPLR 3101(a).
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A worthless preclusion order
Court rules discovery preclusion orders are worthless when insurance denials admit receipt of medical bills, allowing no-fault providers to prove their case at trial.
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Conditional discovery order vacated upon showing of law office failure
New York courts may vacate discovery sanctions when defendants show reasonable law office failure excuse and meritorious defenses, as demonstrated in Elite Medical case.
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Court takes judicial notice of Supreme Court declaratory judgment action
Court takes judicial notice of Supreme Court declaratory judgment action with res judicata effect in no-fault insurance dispute (150 chars)
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Jumped the gun on preclusion
Appellate Term reverses premature discovery preclusion order, ruling employee with knowledge can verify interrogatories and sanctions require willful misconduct.
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Final order of preclusion became automatic – no need to move for one
Court rules conditional preclusion order becomes automatic upon non-compliance, but plaintiff still must prove prima facie case for summary judgment
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Brutal discovery decision from the Appellate Term First Department
Appellate Term First Department issues harsh discovery sanctions ruling, striking defendant's answer for failure to respond to disclosure requests in no-fault case.
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Law of the case does not apply to discovery orders
New York appellate court clarifies that the law of the case doctrine does not apply to prior discovery orders, offering flexibility in litigation management.
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Does this make sense?
New York appellate court ruling reveals surprising disparity between complaint dismissal sanctions and preclusion orders under CPLR 3126, raising constitutional questions.
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Appellate Term holds CPLR 3212(f) relief is inappropriate under three separate circumstances
Analysis of Appellate Term decision limiting CPLR 3212(f) relief in three circumstances. Essential guidance for NY civil practice and discovery strategy.
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The fifth discovery default will cause your answer to be stricken
New York court strikes defendant's answer after fifth discovery default - willful failure to comply with successive disclosure orders under CPLR 3126
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Civil Procedure Pitfalls: The High Cost of Improper Note of Issue Filing in New York
Costly consequences of improper Note of Issue filing in NY civil procedure. Expert analysis of Ikeda v Tedesco sanctions. Call (516) 750-0595.
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Discovery Violations and Court Sanctions: When New York Courts Strike Back
Learn how New York courts handle discovery violations and impose CPLR 3126 sanctions. Expert analysis of Northfield Ins. Co. v Model Towing & Recovery case.
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Some newer cases
Recent 2008 New York no-fault insurance procedural decisions on stipulations, discovery sanctions, and precluded defenses affecting Nassau, Suffolk, Queens litigation.
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