Opinion
838 CA 14-02124
06-19-2015
Cheryl VOSS and Gregory Voss, Plaintiffs–Respondents, v. Jeffrey DUCHMANN, Doing Business as Trade Winds Tent & Party Rental, Defendant–Appellant.
Kenney Shelton Liptak Nowak LLP, Buffalo (Micelle M. Ragusa of Counsel), for Defendant–Appellant. Paul William Beltz, P.C., Buffalo (Brian R. Hogan of Counsel), for Plaintiffs–Respondents.
Kenney Shelton Liptak Nowak LLP, Buffalo (Micelle M. Ragusa of Counsel), for Defendant–Appellant.
Paul William Beltz, P.C., Buffalo (Brian R. Hogan of Counsel), for Plaintiffs–Respondents.
PRESENT: CENTRA, J.P., CARNI, LINDLEY, and DeJOSEPH, JJ.
Opinion
MEMORANDUM:“It is well settled that a court is vested with broad discretion to control discovery and that the court's determination of discovery issues should be disturbed only upon a showing of clear abuse of discretion” (Roswell Park Cancer Inst. Corp. v. Sodexo Am., LLC, 68 A.D.3d 1720, 1721, 891 N.Y.S.2d 827 ). We perceive no such abuse of discretion in Supreme Court's denial of that part of the motion of defendant seeking to compel plaintiffs to provide authorizations permitting disclosure of the billing records of plaintiffs' private health care insurers. Plaintiffs previously had provided authorizations permitting defendant to obtain the billing records of the health care providers of Cheryl Voss, the injured plaintiff, and defendant “failed to show the relevancy of the demanded documents” to its defense (Jordan v. Blue Circle Atl., 296 A.D.2d 752, 753, 745 N.Y.S.2d 289 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.