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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
CourtAppellate Division, First Department
DecidedOctober 22, 2026
Citation2026 NY Slip Op 06224
Area of lawCivil Procedure
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06224
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1491

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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Published October 22, 2026. Updated October 22, 2026.