A recent decision from the Commercial Division of the Supreme Court of State of New York — Tsung Tsin Ass’n, Inc. v. Tian Xiang Zhu, No. 651584/20232023, 2023 N.Y. Misc. LEXIS 20347 * (Sup. Ct. N.Y. Cnty. Nov. 16, 2023) underscores the importance of litigants’ adherence to the rules of discovery and court orders, and the serious consequences they can face for failing to do so. This article describes that decision and provides practical guidance as to best practices in light of it.

The Decision

Casey Laffey, partner at Reed Smith. Courtesy Photo

Litigants can, and do, negotiate the appropriate scope of their discovery obligations. Where they are unable to consensually resolve a dispute over that scope, they can seek intervention by the court. But despite the cost, burden, potential for embarrassment, and risk of disclosure of sensitive or prejudicial material, noncompliance with judicially-ordered discovery is not a legitimate response to an adverse discovery order.

Ian Turetsky, partner at Reed Smith. Courtesy Photo