Legal Question in Business Law in New York

We are in involved in a civil lawsuit. (business dispute) and handed in all of our documents and participated in a deposition in March. Our partner claims that "he has no documents" and has handed over Nothing, which prevents him from being depositioned. Our lawyer subpoenaed sent another subpoena for documents to him one month ago, which he has simply ignored. Nothing has been done by our lawyers or the court! We don't get it. Our lawyer claims that they are waiting for the courts to set up a date to hear this case? Isn't there a date set up by the clerk with the judges office on the date that the subpoena is issued? The lawyers seem to be ignoring this and this case is dragging on for almost two years because the partner can't be depositioned. Do we have to deposition him? If he refuses to co-operate, what can WE do to settle this case? Our lawyers don't seem to be doing anything. We feel like we're being ignored because they have bigger cases to deal with. We want to end this case!


Asked on 9/17/15, 4:30 pm

2 Answers from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Is your partner on the opposing side or same side as you?

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Answered on 9/17/15, 6:04 pm
Andrew Muchmore Muchmore & Associates PLLC

If the adverse party fails to comply with discovery, the remedy is to file a motion to compel discovery. It would take about two months to get a decision on that motion, and the decision would probably just be an order for the adverse party to comply with discovery. If they still failed to comply, the court could award sanctions, such as a determination of the underlying issues in your favor.

If you don't believe you need the deposition or documents, it is possible to file a note of issue and get the case on the trial calendar. However, you would then lack potentially relevant documentation and not know what the adverse party is likely to testify at trial. Litigation can move slowly, particularly if the issues are complex and the other side is not complying with discovery, but your lawyer should at least be communicating with you. Feel free to reach out to me if you'd like a second opinion.

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Answered on 9/18/15, 7:46 am


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