Opinion
2004-04120.
June 27, 2005.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County, dated April 29, 2004, which denied its motion to compel the defendants to comply with discovery demands.
Bondi Iovino, Mineola, N.Y. (Anthony F. Iovino and Michele F. Mandell of counsel), for appellant.
Daniel S. Ronan, Scarsdale, N.Y., for respondent John W. Griffin.
Gallagher, Harnett Lagalante, LLP, New York, N.Y. (Brian K. Gallagher and Brian J. Burns of counsel), for respondent John M. Glover Agency.
Before: H. Miller, J.P., S. Miller, Goldstein, Mastro and Lifson, JJ., concur.
Ordered that the appeal from so much of the order as denied that branch of the plaintiff's motion which was to compel the defendant John M. Glover Agency to comply with discovery demands is dismissed as academic ( see Milbrandt Co., Inc. v. Griffin, 19 AD3d 662 [decided herewith]); and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that one bill of costs is awarded to the respondents.
"The supervision of discovery, and the setting of reasonable terms and conditions for disclosure, are within the sound discretion of the Supreme Court. The Supreme Court's discretion is broad because it is familiar with the action before it, and its exercise should not be disturbed on appeal unless it was improvidently exercised" ( Provident Life Cas. Ins. Co. v. Brittenham, 284 AD2d 518; see Setsuo Ito v. Dryvit Sys., 5 AD3d 735). The Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was to compel the defendant John W. Griffin to comply with discovery demands.