Appellate Division, First Department · October 22, 2026 · 2026 NY Slip Op 06224
PF2 Sec. Evaluations, Inc. v Fillebeen
Read the official decision: 2026 NY Slip Op 06224
Holding The Appellate Division affirmed the denial of discovery sanctions, finding that the issues had already been resolved by a Special Referee and that the defendants’ conduct did not warrant sanctions. The court also rejected the argument for dismissal of counterclaims as a spoliation sanction due to insufficient evidence of destruction.
The court’s words
The Special Referee found that neither side's conduct rose to a level warranting sanctions
2026 NY Slip Op 06224, at the official text
appellants are precluded from relitigating the issues raised in the present motion
2026 NY Slip Op 06224, at the official text
defendants in fact produced approximately 150,000 pages of documents before the 2017 certification
2026 NY Slip Op 06224, at the official text
Appellants did not submit evidence sufficient to demonstrate that Fillebeen actually destroyed any company valuations
2026 NY Slip Op 06224, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 22, 2026 |
| Citation | 2026 NY Slip Op 06224 |
| Area of law | Civil Procedure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06224 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1491 |
Recommended citation
ESQ HQ, New York Law Watch, PF2 Sec. Evaluations, Inc. v Fillebeen, 2026 NY Slip Op 06224 (Appellate Division, First Department, October 22, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06224/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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