Opinion
No. 2014–368QC.
07-27-2015
DELTA DIAGNOSTICS RADIOLOGY, P.C. as Assignee of Carly Alouidor, Respondent, v. DELOS INSURANCE COMPANY, Appellant.
Opinion
ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant answered the complaint and served demands for discovery, including a
notice for a deposition of plaintiff. Plaintiff failed to appear for the deposition scheduled by defendant. Thereafter, defendant moved, insofar as is relevant to this appeal, to compel plaintiff to appear for a deposition, and plaintiff opposed the motion. The Civil Court denied defendant's motion on the ground that defendant had failed to proffer an affidavit from an investigator in support of its motion.
“[A] trial court is given broad discretion to oversee the discovery process' “ (Maiorino v. City of New York, 39 AD3d 601, 601 2007, quoting Castillo v. Henry Schein, Inc., 259 A.D.2d 651, 652 1999; see also Gillen v. Utica First Ins. Co., 41 AD3d 647 2007 ). Absent an improvident exercise of that discretion, the court's determination will not be disturbed on appeal (see Matter of U.S. Pioneer Elecs. Corp. [Nikko Elec. Corp. of Am.], 47 N.Y.2d 914, 916 1979; Silberstein v. Maimonides Med. Ctr., 77 AD3d 910 2010; Stracar Med. Servs., P.C. v. State Farm Mut. Auto. Ins. Co., 33 Misc.3d 131[A], 2011 N.Y. Slip Op 51875[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ). Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion.
Accordingly, the order, insofar as appealed from, is affirmed.
ELLIOT, J.P., PESCE and SOLOMON, JJ., concur.