Opinion
Index No. 653927/2023 MOTION SEQ. No. 003
11-28-2023
SHIPLION, LLC Plaintiff, v. BAUBLE BAR, INC., Defendant
Unpublished Opinion
MOTION DATE 11/06/2023
HON. JOEL M. COHEN, Judge.
DECISION + ORDER ON MOTION
JOEL M. COHEN, J.S.C.
The following e-filed documents, listed by NYSCEF document number (Motion 003) 29, 30, 33, 36, 38 were read on this motion to STAY DISCOVERY
Defendant Bauble Bar, Inc. ("Defendant") moves to stay discovery pursuant to CPLR § 3214(b) and Rule 11(g) of the Rules of the Commercial Division of the Supreme Court of New York, pending Defendant's Motion to Dismiss Plaintiff ShipLion, Inc.'s ("Plaintiff') Verified Complaint (Mot. Seq. 002).
Commercial Division Rule 11(g) provides that "[t]he court will determine, upon an application of counsel, whether discovery shall be stayed, pursuant to CPLR 3214(b), pending determination of any dispositive motion." CPLR § 3214(b), in turn, provides: "Service of a notice of motion under rule 3211... stays disclosure until determination of the motion unless the court orders otherwise." Thus, Rule 11(g) gives the Court discretion to determine whether discovery should go forward pending a dispositive motion.
"[I]t is the presumption of the Commercial Division that discovery continues during motion practice" (In Re Dentsply Sirona, Inc. v XXX, 2019 NY Slip Op 32297[U], 14 [Sup Ct, NY County 2019] [Scarpulla, J.]; Quadriad Realty Partners, LLC v Wilbee Corp., 2020 NY Slip Op 30024[U], *12 [Sup Ct, NY County 2020]), and a stay is not typically granted simply because a defendant believes its motion to dismiss is a strong one (Hartman, David E. v Snellen, Eric, 2014 WL 7876752 at *1 [Sup Ct, NY County 2014]). Here, there are no special circumstances here warranting a stay.
Accordingly, it is
ORDERED that Defendant's motion is DENIED.
This constitutes the Decision and Order of the Court.