Opinion
December 22, 1995
Appeal from the Supreme Court, Erie County, Sconiers, J.
Present — Denman, P.J., Green, Fallon, Doerr and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: There is no merit to defendant's contention that Supreme Court abused its discretion by ordering that plaintiffs' counsel review the records of plaintiff Ethel L. Moore's general practitioner, Dr. Holmes, and provide any and all relevant and material information to defendant's counsel. Medical records and reports pertaining to the diagnosis and treatment of plaintiff Ethel Moore in this personal injury action are material and necessary to the defense and are therefore discoverable (see, Pizzo v Bunora, 89 A.D.2d 1013, 1014; CPLR 3101). Defendant, however, has asserted no basis for entitlement to unrelated medical records and reports. It is well established that "the trial court is vested with broad discretionary powers in supervising disclosure, and absent an abuse of discretion, the court's control of disclosure should not be disturbed" (Dale v Emerson Elec. Co., 219 A.D.2d 815; see, Dunlap v United Health Servs., 189 A.D.2d 1072, 1073).
The court did not err in denying plaintiffs' cross motion for summary judgment on the issue of liability. Plaintiffs' own submissions on the motion raised an issue of fact concerning the traffic control device in place at the intersection where the accident occurred, rendering summary judgment inappropriate (see, Andre v Pomeroy, 35 N.Y.2d 361, 364).