She asks whether the opponent can still examine the evidence
Justice Schecter required lawyers to review documents and produce supporting material. She refused exclusion after substantial notice when the requesting party declined an adjournment. Neither the party nor its expert could produce the missing online reviews, so expert testimony could not substitute for them. Tsung Tsin’s ignored orders led her to strike its answer.
Preparation point
Identify what examination remains possible, what would restore it and which opportunities have expired.
How it played outSituation, action, outcome
- The situation
- The opponent lacked a usable chance to examine the supporting evidence.
- What she did
- Required lawyers to review documents and refused expert testimony as a substitute for missing online reviews.
- What made a difference
- Declining an adjournment defeated a request to exclude evidence; ignoring conditional orders cost a defense.
In her words2 quotes
“It cannot seek to avoid this evidentiary problem by effectively seeking to admit the reviews through expert testimony.”
Taxi Tours Inc. v Go N.Y. Tours, Inc., printed p. 2. She addressed missing online reviews offered through an expert.
“repeatedly ghosts opposing counsel and the court”
Tsung Tsin Assn., Inc. v Tian Xiang Zhu, printed p. 3. She described the documented repeated failures to respond in this case.
In the cited cases5 rulings
ROAM required actual review and production of documents in unsupported privilege categories. The First Department affirmed.
In Taxi Tours, Go New York could not introduce 6,416 missing online reviews through its expert. Neither it nor the expert had preserved them.
In Tribeca, she refused exclusion after both sides disclosed late. The party requesting exclusion had substantial notice and declined the offered adjournment.
Tsung Tsin’s repeated ignored orders and missed conditional deadline resulted in its answer being struck.