Automated Summary
Key Facts
Benfield Partners, Inc. (Plaintiff) sued Home Record LLC and NYJE, LLC (Defendants) for breach of contract and foreclosure of a mechanic's lien, claiming $230,120.23 plus interest for renovations on 74 Bowery in Manhattan. The Supreme Court of New York County, presided by Judge Arlene P. Bluth, struck the Plaintiff's note of issue after Home Record argued the Plaintiff failed to produce records. The Court granted a new note of issue deadline of April 17, 2026, requiring completed depositions by that date. The case was vacated from the trial calendar pending this deadline.
Transaction Type
Construction contract for property renovations at 74 Bowery in Manhattan between Benfield Partners, Inc. and Home Record LLC
Issues
- The court determined that plaintiff Benfield Partners, Inc. satisfied its discovery obligations by submitting a Jackson affidavit, declining to order further production of records it claimed not to possess. This addressed the central issue of whether a Jackson affidavit alone was sufficient compliance with court-ordered discovery deadlines.
- The court struck the note of issue and set a new deadline for depositions to be completed by April 17, 2026, emphasizing that failure to schedule depositions would result in potential preclusion from offering testimony at trial. This established the procedural requirement for depositions prior to the new note of issue deadline.
- The court granted Home Record LLC's motion to strike the note of issue and vacated the case from the trial calendar, while simultaneously setting a new note of issue deadline. This disposition resolved the procedural dispute over discovery compliance and case management deadlines.
Holdings
- The court vacated the note of issue and struck the case from the trial calendar. The motion to vacate the note of issue was granted, and the clerk is directed to make necessary notations in court records within 15 days of the order's entry.
- The court declined to order plaintiff Benfield Partners, Inc. to produce records again, as the plaintiff had submitted a Jackson affidavit asserting it does not possess the requested records. The court emphasized that it cannot compel production of documents a party does not own.
- The court granted defendant Home Record LLC's motion to strike the note of issue and set a new note of issue deadline for April 17, 2026, requiring depositions to be completed by that date. Extensions will only be granted for documented health issues or death certificates, and failure to complete depositions may result in preclusion from offering testimony at trial.
Remedies
- The court granted the motion to vacate the note of issue and ordered the case to be stricken from the trial calendar. This action is taken to ensure compliance with discovery deadlines and prevent procedural delays from affecting the case's progression.
- The court granted the motion to strike the existing note of issue and set a new deadline of April 17, 2026 for depositions to be completed. This ensures the case remains on track and prevents endless motion practice unrelated to the merits.
Contract Value
230120.23
Legal Principles
The court applied the principle that a party cannot be compelled to produce documents they do not possess, as demonstrated by a Jackson affidavit. It also emphasized the obligation to complete depositions by court-mandated deadlines to avoid preclusion of testimony.
Judge Name
Arlene P. Bluth
Passage Text
- In this Court's view, plaintiff met its obligations by submitting a Jackson affidavit and therefore the Court declines to order it to produce records again. This Court cannot force a party to produce items it does not possess. Home Record's position that plaintiff will not be able to prove its case is not a basis for this Court to direct plaintiff to produce documents it swears it does not have.
- However, depositions should go forward. Therefore, the Court strikes the note of issue and sets a new note of issue deadline for April 17, 2026. That is more than enough time to complete depositions. No extensions will be granted absent a showing of good cause (i.e., documented health issues or death certificates).
Damages / Relief Type
Plaintiff seeks $230,120.23 plus interest for breach of contract and foreclosure of a mechanic's lien.