Siegman v. Rosen
New York Supreme Court, Appellate Division
270 A.D.2d 14, 704 N.Y.S.2d 40 (2000)
- Written by Steven Pacht, JD
Facts
Rachel Siegman (plaintiff) won a judgment against Efraim Rosen (defendant) in 1990, which Efraim did not satisfy. Siegman sued Efraim and Sarah Rosen (Efraim’s wife) (defendant), alleging, among other things, that the Rosens engaged in a series of fraudulent conveyances of Efraim’s real estate and business interests to Sarah in order to avoid paying Siegman. In June 1997, the supreme court denied Siegman’s requests for discovery of all pre-March 2, 1986, transactions. However, the appellate division reversed in part on the ground that pre-March 2, 1986, transactions were discoverable with respect to Siegman’s fraudulent-conveyance claim. Accordingly, on October 29, 1998, the supreme court ordered the Rosens to provide certain discovery relating to pre-March 1986 transactions. Despite several promises to provide such discovery, the Rosens never did so, leading Siegman to move for sanctions. The Rosens then stated that they could not find the requested documents but did not explain what they did to try to find the documents. The supreme court did not issue a preclusion order against the Rosens as a sanction. Siegman appealed.
Rule of Law
Issue
Holding and Reasoning ()
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