PF2 Securities Evaluations, Inc. v. Fillebeen

Summary

The Appellate Division, First Department modified an order to require the defendants to appear for previously noticed depositions within 60 days and otherwise affirmed the discovery-related orders. The court held that defendants' late objections to palpably improper interrogatories were not waived, denied discovery sanctions, and rejected PF2's laches argument.

Holdings

1. Discovery sanctions were properly denied because defendants' conduct was neither willful nor contumacious.
2. Defendants did not waive their objections because PF2's interrogatory requests were palpably improper.
3. PF2 was entitled to compel defendants to appear for the previously noticed depositions.
4. Defendants' motion to compel was not barred by laches or waiver.
5. Appellate sanctions against PF2 were denied because its arguments were not so lacking in merit as to be frivolous.

Questions Presented

1. Whether defendants' discovery conduct warranted sanctions as willful or contumacious conduct.
2. Whether defendants waived objections to PF2's interrogatories by serving those objections one month late.
3. Whether PF2 was entitled to compel defendants to appear for previously noticed depositions.
4. Whether defendants' motion to compel PF2's discovery responses was barred by laches or waiver.
5. Whether sanctions should be imposed against PF2 for pursuing the appeal.

Disposition

other