From Casetext: Smarter Legal Research

Neal v. Spitz Peck Floral Decorators

Appellate Term of the Supreme Court of New York, First Department
Mar 2, 2011
2011 N.Y. Slip Op. 50292 (N.Y. App. Term 2011)

Opinion

570644/10.

Decided March 2, 2011.

Plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), entered June 10, 2010, which denied their motion for a protective order and granted, in part, defendant's cross motion to compel discovery.

PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ.


Order (Manuel J. Mendez, J.), entered June 10, 2010, affirmed, without costs.

The supervision of disclosure and the setting of reasonable terms and conditions for disclosure are matters within the sound discretion of the motion court, and generally will not be disturbed on appeal absent demonstrated abuse of that discretion ( see Downing v Moskowits, 58 AD3d 671; Gillen v Utica First Ins. Co. , 41 AD3d 647 ; Ulico v Wilson, Elser, Moskowitz, Edelman Dicker , 1 AD3d 223, 224).

Here, Civil Court balanced the parties' interestsand determined that defendant had provided sufficient answers to plaintiffs' interrogatories, but required plaintiffs to supplement their responses to defendant's interrogatories and to appear for depositions, therewith denying plaintiffs' request for a protective order (CPLR 3103[a]). Upon our review of the record, Civil Court did not improvidently exercise its discretion ( see Downing v Moskowits, supra; Cach, LLC v Juanico, 28 Misc 3d 140[A], 2010 NY Slip Op 51544[U]).

Plaintiffs' remaining contentions are without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Neal v. Spitz Peck Floral Decorators

Appellate Term of the Supreme Court of New York, First Department
Mar 2, 2011
2011 N.Y. Slip Op. 50292 (N.Y. App. Term 2011)
Case details for

Neal v. Spitz Peck Floral Decorators

Case Details

Full title:JOANN NEAL and KENNETH NEAL, Plaintiffs-Appellants, v. SPITZ PECK FLORAL…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Mar 2, 2011

Citations

2011 N.Y. Slip Op. 50292 (N.Y. App. Term 2011)