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PF2 SEC. EVALUATIONS, INC. v. FILLEBEEN

8256N. 151776/14. 8255N.

168 A.D.3d 617 (2019)

93 N.Y.S.3d 279

2019 NY Slip Op 00581

PF2 Securities Evaluations, Inc., Appellant, v. Guillaume Fillebeen et al., Respondents. Guillaume Fillebeen et al., Counterclaim Plaintiffs-Respondents, v. PF2 Securities Evaluations, Inc., et al., Counterclaim Defendants-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 29, 2019.

PF2's motion for sanctions was properly denied, as defendants' conduct in discovery was neither wilful nor contumacious (see Pimental v City of New York, 246 A.D.2d 467, 468-469 [1st Dept 1998]). In particular, defendants asserted a reasonable basis for delaying depositions—a basis originally advanced by PF2. Further, the motion court closely monitored discovery through five compliance conferences, and PF2 consented to extensions...

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