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Matter of Winston

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 345 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action for an accounting, the petitioner appeals, as limited by his brief, from so much of an order of the Surrogate's Court, Weschester County (Emanuelli, S.), dated March 22, 1995, as denied his motion pursuant to CPLR 3104 (d) to annul certain rulings of a court-appointed supervisor of discovery, which, inter alia, (1) denied his requests to photocopy certain documents produced in discovery, (2) denied his requests for the production of certain documents, and (3) permitted his advisors to be deposed.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Surrogate's Court did not improvidently exercise its discretion in denying the petitioner further discovery absent a showing of need ( see, City of Mt. Vernon v. Lexington Ins. Co., 232 A.D.2d 358; Lamagna v. New York State Assn. for Help of Retarded Children, 222 A.D.2d 559; Kaplan v. Herbstein, 175 A.D.2d 200). Similarly, the Surrogate's Court did not err in granting the respondents' request to depose the petitioner's advisors, including his attorney, as the respondents established both a good faith basis for the deposition and that the information sought was relevant and necessary for their case ( see, Byoung So Kim v. Cho Ho Bae, 198 A.D.2d 206; Frybergh v. Kouffman, 119 A.D.2d 541; Planned Indus. Ctrs. v. Eric Bldrs., 51 A.D.2d 586; Matter of Macku, 29 A.D.2d 539). Bracken, J.P., O'Brien, Florio and Luciano, JJ., concur.


Summaries of

Matter of Winston

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 345 (N.Y. App. Div. 1997)
Case details for

Matter of Winston

Case Details

Full title:In the Matter of the Estate of HARRY WINSTON, Deceased. BRUCE WINSTON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 7, 1997

Citations

238 A.D.2d 345 (N.Y. App. Div. 1997)
656 N.Y.S.2d 924

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