Sabr Chemicals Grp. v. Ne. Chemicals, Inc.

Full title: SABR CHEMICALS GROUP, LLC, Plaintiff, v. NORTHEAST CHEMICALS, INC., UNITED…

Court: Supreme Court, New York County

Date published: Dec 11, 2023

2023 N.Y. Slip Op. 34327 (N.Y. Sup. Ct. 2023)

Opinion

Index No. 650608/2019 MOTION SEQ. Nos. 008 009

12-11-2023

SABR CHEMICALS GROUP, LLC, Plaintiff, v. NORTHEAST CHEMICALS, INC., UNITED FOODS CORPORATION and JIMMY HSU, Defendants.

DEBRA A. JAMES, J.S.C.

Unpublished Opinion

MOTION DATE 12/06/2023

PRESENT: HON. DEBRA A. JAMES Justice

ORDER-RESETTLED/AMENDED (MOTION RELATED)

DEBRA A. JAMES, J.S.C.

The following e-filed documents, listed by NYSCEF document number (Motion 008) 264, 265, 266, 267, 274, 275, 276, 277, 278, 280, 284, 285 were read on this motion to/for DISCOVERY.

The following e-filed documents, listed by NYSCEF document number (Motion 009) 268, 269, 270, 271, 272, 273, 281, 282, 283, 286 were read on this motion to/for DISCOVERY.

ORDER

Upon the foregoing documents, it is

ORDERED that the Order of December 11, 2023, resolving motion sequence numbers 008 and 009 in this action is VACATED, RESETTLED, and CORRECTED pursuant to CPLR § 5019(a) [see Kiker v. Nassau County, 85 N.Y.2d 879 (1995)] as follows:

ORDER

Upon the foregoing documents, it is

ORDERED that the motion pursuant to CPLR § 3103(a) of plaintiff for a protective order vacating the notice of deposition of George Karfunkel (motion sequence number 008) is DENIED; and it is further

ORDERED that to the extent that it seeks an order that compels defendants to produce business records for the period of 2016 to present, including

(1) minutes of corporate meetings;

(2) monthly statements of bank accounts of defendant Northeast Chemical and United Foods Corporation;

(3) office leases and record of telephone numbers of defendants Northeast Chemical and United Food Corporation; and

(4) payroll records showing wages paid to defendant Jimmy Hsu,

the motion pursuant to CPLR § 3126 of plaintiff (motion sequence number 009) is GRANTED; and it is further

ORDERED that, within twenty (20) days from service of a copy of this order with notice of entry, plaintiff shall post on NYSCEF a proposed (discovery status conference) order, including proposed deadlines for any outstanding deposition(s) and document production; and it is further

ORDERED that defendants shall submit a counter proposed (discovery status conference) order, if any, within twenty (20) days thereafter; and it is further

ORDERED counsel are directed to post on NYSCEF a further proposed discovery status conference order or further competing proposed discovery conference order(s) at least two days before February 29, 2024, on which date counsel shall appear via Microsoft Teams, unless such appearance be waived by the court.

DECISION

At least with respect to the knowledge of George Karfunkel as to the credibility of defendant Jimmy Hsu about whether defendant Hsu communicated that Karfunkel accused deponent McDonald of defrauding Karfunkel, defendants have demonstrated the lack of knowledge of deponent McDonald. Further, as alleged managing member of plaintiff Sabr Chemical Group, LLC, Karfunkel may well have knowledge of the existence or non-existence of a person named King Fischer, whose e-mail address appears on e-mail correspondence relating to the transaction in dispute, on which question deponent McDonald equivocated. Therefore, no protective order is warranted. See Amos Parrish & Co v. Applestein, 28 A.D.2d 979 (1^st Dept 1967) .

Plaintiff has demonstrated that the business records of defendants that it seeks to discover are material and necessary evidence pursuant to CPLR § 3103(a). See Radium2 Capital, LLC v. Xtreme National Maintenance Corp, 202 A.D.3d 638 (1^st Dept 2022).