Gilbert v Powers

Holding The court modified the lower court’s order to deny plaintiffs’ motion for partial summary judgment except to the extent premised on Bradford Winston’s bad faith litigation conduct, finding that broad collateral estoppel against other board members was unwarranted. Additionally, the court reversed the order quashing subpoenas, holding that the nonparties did not establish that the discovery sought was utterly irrelevant or futile.

The court’s words

None of the individual defendant board members except Bradford Winston was named in the underlying action

2026 NY Slip Op 05457, at the official text

Broad application of collateral estoppel against Winston's estate in this action is nevertheless unwarranted

2026 NY Slip Op 05457, at the official text

Parc 56 and Davis did not establish that the discovery sought is utterly irrelevant

2026 NY Slip Op 05457, at the official text

the record presents conflicting evidence as to whether defendants were making business decisions

2026 NY Slip Op 05457, at the official text