Automated Summary
Key Facts
Benfield Partners, Inc. sued Home Record, LLC for breach of contract and foreclosure of a mechanic's lien after being hired to renovate a Manhattan property in 2021. The court ruled that plaintiff fulfilled discovery obligations via a Jackson affidavit and denied Home Record's motion (MS009) concerning a different case. The court granted Home Record's motion (MS010) to strike the note of issue and set a new deadline of April 17, 2026 for depositions. The case was vacated from the trial calendar, with the clerk instructed to strike it and make required notations.
Transaction Type
Construction Contract for property renovations at 291 Grand Street in Manhattan
Issues
- The court addressed whether plaintiff Benfield Partners, Inc. fulfilled its discovery obligations by submitting a Jackson affidavit, ruling that the plaintiff met its obligations and cannot be forced to produce records it does not possess.
- The court ordered that depositions must proceed and set a new note of issue deadline for April 17, 2026, emphasizing that depositions must be completed before this date and that failure to comply may result in preclusion from trial testimony.
Holdings
- Defendant Home Record LLC's motion (MS009) is denied as it concerns a different case. The court clarifies it lacks authority to delete motions already filed, even if they reference incorrect case numbers.
- Defendant Home Record LLC's motion (MS010) is granted to strike the note of issue and establish a new note of issue deadline of April 17, 2026. The court orders depositions completed by this date and strikes the case from the trial calendar unless depositions are finalized. Extensions require documented health issues or death certificates, and failure to complete depositions risks preclusion of testimony.
Remedies
- Defendant Home Record LLC's motion (MS009) is denied as it concerns a different case.
- It is further ordered that the motion to vacate the note of issue is granted, and the case is stricken from the trial calendar.
- Within 15 days from the entry of this order, movant shall serve a copy of this order with notice of entry on all parties and upon the Clerk of the General Clerk's Office, who is hereby directed to strike the case from the trial calendar and make all required notations thereof in the records of the court.
- The Court grants defendant's motion (MS010) to the extent that the note of issue is stricken and a new note of issue deadline is set for April 17, 2026. Depositions must be complete before this new deadline.
Legal Principles
The court emphasized that a party cannot be compelled to produce records they do not possess, as demonstrated by the plaintiff's submission of a Jackson affidavit. This principle was central to the court's decision to decline ordering further production of documents from the plaintiff, Benfield Partners, Inc., while requiring depositions to proceed.
Judge Name
Arlene P. Bluth
Passage Text
- 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).
- 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.