Opinion
2013-09385
05-20-2015
Nikolaos KARANIKOLAS, et al., plaintiffs-respondents, v. ELIAS TAVERNA, LLC, doing business as Bread & Olive The Middle Eastern Place, appellant, 20 John Street, LLC, defendant-respondent (and a third-party action).
O'Connor Redd LLP, Port Chester, N.Y. (Joseph M. Cianflone of counsel), for appellant. Sacco & Fillas, LLP, Astoria, N.Y. (Andrew Wiese of counsel), for plaintiffs-respondents. Cascone & Kluepfel, LLP, Garden City, N.Y. (Ajay C. Bhavnani of counsel), for defendant-respondent.
O'Connor Redd LLP, Port Chester, N.Y. (Joseph M. Cianflone of counsel), for appellant.
Sacco & Fillas, LLP, Astoria, N.Y. (Andrew Wiese of counsel), for plaintiffs-respondents.
Cascone & Kluepfel, LLP, Garden City, N.Y. (Ajay C. Bhavnani of counsel), for defendant-respondent.
PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, and COLLEEN D. DUFFY, JJ.
Opinion In an action to recover damages for personal injuries, etc., the defendant Elias Taverna, LLC, doing business as Bread & Olive The Middle Eastern Place, appeals, as limited by its notice of appeal and a stipulation dated April 25, 2014, from so much of an order of the Supreme Court, Queens County (Brathwaite Nelson, J.), entered July 10, 2013, as granted that branch of its cross motion which was to compel the plaintiff Nikolaos Karanikolas to submit to a further deposition only to the extent of directing a further deposition of Nikolaos Karanikolas on the issue of loss of future earnings, and denied that branch of its cross motion which was to compel Nikolaos Karanikolas to submit to additional orthopedic and vocational rehabilitation examinations.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The Supreme Court providently exercised its discretion in granting that branch of the cross motion of the defendant Elias Taverna, LLC, doing business as Bread & Olive The Middle Eastern Place (hereinafter Elias Taverna), which was to compel the plaintiff Nikolaos Karanikolas (hereinafter the injured plaintiff) to submit to a further deposition only to the extent of directing a further deposition of the injured plaintiff on the issue of loss of future earnings, and denying that branch of the cross motion which was to compel the injured plaintiff to submit to additional orthopedic and vocational rehabilitation examinations. While CPLR 3101(a) provides for full disclosure of all evidence material and necessary to the prosecution or defense of an action, unlimited disclosure is not required, and supervision of disclosure is generally left to the trial court's broad discretion (see Conte v. County of Nassau, 87 A.D.3d 558, 929 N.Y.S.2d 741 ; Constantino v. Dock's Clam Bar & Pasta House, 60 A.D.3d 612, 873 N.Y.S.2d 497 ; Youngquist v. Youngquist, 44 A.D.3d 1034, 845 N.Y.S.2d 787 ; Auerbach v. Klein, 30 A.D.3d 451, 816 N.Y.S.2d 376 ; Silcox v. City of New York, 233 A.D.2d 494, 650 N.Y.S.2d 305 ). In this case, Elias Taverna failed to demonstrate that a further deposition of the injured plaintiff on any subject other than the issue of loss of future earnings would be material or necessary to its defense (see Loubeau v. John Hancock Mut. Ins. Co., 123 A.D.2d 348, 506 N.Y.S.2d 359 ), or that there was a need for him to submit to additional orthopedic and vocational rehabilitation examinations (see Huggins v. New York City Tr. Auth., 225 A.D.2d 732, 640 N.Y.S.2d 199 ; Young v. Kalow, 214 A.D.2d 559, 625 N.Y.S.2d 231 ). The supplemental bills of particulars exchanged after the injured plaintiff was deposed and submitted to independent medical examinations contained allegations of loss of future earnings, but did not allege any new injuries (see Fortunato v. Personal Woman's Care, P.C., 31 A.D.3d 370, 817 N.Y.S.2d 649 ). The plaintiffs have never alleged that the injured plaintiff has new or additional injuries or that the nature and extent of his existing injuries have changed dramatically, and Elias Taverna failed to show why the information obtained from its prior examinations of the injured plaintiff has become inadequate.