Discovery Delays Result in Attorney Fee Sanctions
The First Department confirmed Tuesday a sanction over a defendant's delaying for nearly a year production of emails, but faulted a hearing officer's assessment procedure, while a similar discovery delay in a separate Commercial Division case resulted in sanctions against Rosenberg & Estis for the second time.
March 16, 2015 at 05:00 AM
3 minute read
Discovery delays have been the source of sanctions compelling payment of attorney fees in two Commercial Division cases.
The Appellate Division, First Department, confirmed one of the sanctions Tuesday, but faulted a hearing officer's assessment procedure.
Ruling in 135 East 57th Street LLC v. 57th Street Day Spa, 602167/09, a unanimous panel said that although “it is clear that plaintiff is entitled to an award of attorneys' fees,” the judicial hearing officer who assessed the $69,000 penalty had relied on improper evidence.
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