May 14, 2007

Discover this.

The First Department denied plaintiff's motion for discovery sanctions, in Bennett v. Riverbay Corp., which was decided on May 10, 2007. The court noted that, absent special circumstances, defendant has deposition priority, and said that, since plaintiff's deposition had gone until 4 p.m. on the day in question, there was nothing sanctionable in defendant's not producing witnesses that same day.