LEVINE v. GOLDSTEIN

Defendants' counsel, in ordering his clients not to respond during depositions to questioning in areas which counsel unilaterally deemed to be irrelevant, and in continually objecting to matters other than form, contrary to the stipulation of the parties, effectively thwarted plaintiffs' efforts to depose defendants. Further, defendants have not advanced any legitimate basis for their failure to turn over documents requested during such depositions. Defendants have not established that the documents are unavailable or otherwise beyond their possession or control.

Defendants' remaining arguments are equally devoid of merit.

Concur — Murphy, P.J., Carro, Wallach and Rubin, JJ.