Opinion
2015-03-24
TRANSATLANTIC REINSURANCE COMPANY, Plaintiff–Appellant, v.
Crowell & Moring LLP, New York (Cliff Elgarten of counsel), for appellant. Simpson Thacher & Bartlett LLP, New York (Mary Kay Vyskocil of counsel), for respondent.
Crowell & Moring LLP, New York (Cliff Elgarten of counsel), for appellant. Simpson Thacher & Bartlett LLP, New York (Mary Kay Vyskocil of counsel), for respondent.
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered March 7, 2014, which denied, without prejudice, plaintiff's motion to compel discovery from defendant, unanimously affirmed, with costs.
The motion court providently exercised its discretion by determining that, at this stage of the proceedings, plaintiff's discovery requests are overbroad and seek irrelevant information. We note that the court denied plaintiff's motion without prejudice. We see no need to substitute our own discretion in this case ( see Andon v. 302–304 Mott St. Assoc., 94 N.Y.2d 740, 745, 709 N.Y.S.2d 873, 731 N.E.2d 589 [2000] ). TOM, J.P., RENWICK, DeGRASSE, MANZANET–DANIELS, CLARK, JJ., concur.