Benfield Partners, Inc. v. Home Record LLC

2026 NY Slip Op 30795(U)

Opinion

Benfield Partners, Inc. v Home Record LLC 2026 NY Slip Op 30795(U) March 5, 2026 Supreme Court, New York County Docket Number: Index No. 157655/2022 Judge: Arlene P. Bluth Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.1576552022.NEW_YORK.005.LBLX000_TO.html[03/13/2026 3:45:56 PM] FILED: NEW YORK COUNTY CLERK 03/06/2026 11:55 AM INDEX NO. 157655/2022 NYSCEF DOC. NO. 220 RECEIVED NYSCEF: 03/05/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARLENE P. BLUTH PART 14 Justice ---------------------------------------------------------------------------------X INDEX NO. 157655/2022 BENFIELD PARTNERS, INC., MOTION DATE 03/04/2026 Plaintiff, MOTION SEQ. NO. 009 -v- HOME RECORD LLC, NYJE, LLC DECISION + ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 009) 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 were read on this motion to/for VACATE/STRIKE - NOTE OF ISSUE .

Defendant Home Record LLC (“Home Record”)’s motion to strike the note of issue is

granted as described below.

Background

Plaintiff Benfield Partners, Inc. (“Benfield”) is a contractor that was hired by defendant

Home Record in 2021 to perform renovations on a property located at 74 Bowery in Manhattan.

Benfield brought this action for breach of contract and foreclosure of a mechanic’s lien against

the subject property and insists that it is owed $230,120.23 plus interest from the date of the

contract.

On January 15, 2026, this Court issued a discovery order observing that the parties had

failed to provide an update regarding discovery as previously required by this Court (NYSCEF

Doc. No. 192). The order added that the previous court order had expressly warned that the

failure to upload an update might result in the Court setting a note of issue deadline and so the

Court set a note of issue deadline (id.). The undersigned also provided that the parties should

make a motion if they wanted to extend the note of issue deadline (id.). 157655/2022 BENFIELD PARTNERS, INC. vs. HOME RECORD LLC ET AL Page 1 of 4 Motion No. 009

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Plaintiff filed the note of issue on January 22, 2026, well prior to the Court’s February

27, 2026 deadline. Home Record now seeks to vacate the note of issue and claims that plaintiff

has refused to produce records and instead swore in a Jackson affidavit that it does not possess

any records.

Plaintiff contends that Home Record simply does not like what plaintiff has produced. It

asserts it has turned over bank records listing the five payments from Home Record. Plaintiff

contends that after this Court issued the January 15, 2026 order directing the filing of a note of

issue, Home Record did not ask for an extension or ask plaintiff to hold off on filing the note of

issue. Plaintiff also contends that it addressed the two issues identified in a deficiency letter sent

by counsel for Home Record in late January 2026.

In reply, Home Record contends that plaintiff’s certification of the end of discovery was

incorrect and complains that plaintiff failed to sit for a deposition.

Discussion

Despite the parties’ long history of raising issues about discovery in this case, the parties

ignored this Court’s deadline to upload something about discovery which prompted the Court to

set a note of issue deadline. This Court sets those deadlines to ensure that cases stay on track and

not devolve into a cycle of endless motion practice concerning issues far away from the merits.

In this Court’s view, plaintiff met its obligations by submitting a Jackson affidavit and

therefore the Court declines to order it to produce records again. This Court cannot force a party

to produce items it does not possess. Home Record’s position that plaintiff will not be able to

157655/2022 BENFIELD PARTNERS, INC. vs. HOME RECORD LLC ET AL Page 2 of 4 Motion No. 009

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prove its case is not a basis for this Court to direct plaintiff to produce documents it swears it

does not have.

However, depositions should go forward. Therefore, the Court strikes the note of issue

and sets a new note of issue deadline for April 17, 2026. That is more than enough time to

complete depositions. No extensions will be granted absent a showing of good cause (i.e.,

documented health issues or death certificates). If a party fails to make itself available for

deposition, then it may be precluded from offering testimony at trial or on any motion – so do

not wait for the last minute; make sure you schedule and complete the depositions well before

the deadline.

Accordingly, it is hereby

ORDERED that defendant Home Record LLC’s motion is granted to the extent that the

note of issue is stricken and that the new note of issue deadline is April 17, 2026—depositions

must be complete before this new deadline; and it is further

ORDERED that the motion to vacate the note of issue is granted and the note of issue is

vacated and the case is stricken from the trial calendar; and it is further

ORDERED that, within 15 days from the entry of this order, movant shall serve a copy of

this order with notice of entry on all parties and upon the Clerk of the General Clerk’s Office, who

is hereby directed to strike the case from the trial calendar and make all required notations thereof

in the records of the court; and it is further

157655/2022 BENFIELD PARTNERS, INC. vs. HOME RECORD LLC ET AL Page 3 of 4 Motion No. 009

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ORDERED that such upon the Clerk of the General Clerk’s Office shall be made in

accordance with the procedures set forth in the Protocol on Courthouse and County Clerk

Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court’s

website)].

3/5/2026 $SIG$ DATE ARLENE P. BLUTH, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

□ GRANTED DENIED X GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

157655/2022 BENFIELD PARTNERS, INC. vs. HOME RECORD LLC ET AL Page 4 of 4 Motion No. 009

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