BOMBARDIER CAPITAL INC v. SCHOENGOLD SPORN LAITMAN LOMETTI (2008)

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered October 12, 2007, which granted petitioner's motion to hold respondents in contempt and to compel their compliance with deposition subpoenas to the extent of directing respondents to appear for depositions on a specified date, and denied respondents' cross motion for the imposition of sanctions on petitioner or its counsel, unanimously modified, on the law and the facts, petitioner's motion denied, and otherwise affirmed, without costs.

As the information sought is available from the defendants in the Florida action, who have already been deposed in the pending federal action, and there is considerable risk of encountering privilege and work-product issues in deposing respondents, petitioner's motion to compel respondents to comply with the deposition subpoenas should have been denied (see Corcoran v. Peat, Marwick, Mitchell & Co., 151 A.D.2d 443, 542 N.Y.S.2d 642 [1989] ).   Indeed, work-product issues are pending in connection with a subpoena duces tecum (see 46 A.D.3d 323, 847 N.Y.S.2d 532 [2007] ).

We perceive no basis to disturb the denial of respondents' motion for sanctions under the Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1.