Wednesday, June 29, 2016

Case of the Day: Punwaney v. Punwaney, 2016 N.Y. Misc. LEXIS 2346 (N.Y. Sup. Ct. June 23, 2016)


Plaintiff alleges that the defendant, who is the plaintiff's sister, converted money deposited in the bank account in India. Plaintiffs sought to depose the bank officials in India pursuant to N.Y. C.P.L.R. 3108. The court granted the application, and issued a commission (i.e. letters rogatory) to the Clerk of the High Court of Bombay to depose the witnesses in India.


This is a relatively rare case in which the parties actually go through the C.P.L.R. 3108 application rather than simply stipulating to the discovery. For New York practitioners of international litigation, C.P.L.R. 3108 is a must-have arrow in the quiver.

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