Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
In MBIA Ins. Corp. v. Countrywide Securities Corp. [pdf], 2010 NY Slip Op 20043 (Jan. 14, 2010), Judge Eileen Bransten, ruled that New York’s discovery cost-shifting statute (CPLR) does not apply to electronically stored information that is reasonably accessible. Judge Bransten distinguished several earlier cases that held that a party seeking discovery should bear the cost incurred in the production of discovery material noting these cases dealt with information that was not reasonably accessible due to undue cost or burden.