The Appellate Division, 1st Department, in U.S. Bank N.A. v. GreenPoint Mtge. Funding Inc.,[FOOTNOTE 1] in its second significant decision in the last month addressing issues relating to electronically stored information,[FOOTNOTE 2] answered the following question, and has now provided clarity to the courts and attorneys of this state, as to:
which party is to incur the cost of searching for, retrieving and producing both electronically stored information and physical documents that have been requested as part of the discovery process.
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