New York

New York Court of Appeals Addresses Discovery Issues

By Matthew Lerner

The New York Court of Appeals this upcoming Session will address an issue of discovery in Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc.  The appeal concerns a Special Referee's recommendation (1) that the defendant business produce a witness (who lives in Belgium) for a deposition in New York, and (2) that the defendant business produce testimony and documents of a confidential arbitration proceeding in Belgium to which the defendant business is not a party.  The discovery dispute arises out of a declaratory judgment between an insurer and insured (the defendant business) regarding a claim for allegedly stolen diamonds.

Although the facts of the case appear to be fact-specific, the Court's decision on the appeal will no doubt expand on the sparse case law on discovery and deposition, specifically. 

Full post as published by New York Civil Law on October 13, 2008 (boomark / email).