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Kregg v. Maldonado

Supreme Court of New York, Fourth Department

November 8, 2013

CHARLOTTE KREGG, AS GUARDIAN OF CHRISTOPHER M. WILLIAMS, PLAINTIFF-APPELLANT,
v.
EILEEN MALDONADO, ET AL., DEFENDANTS, AMERICAN SUZUKI MOTOR CORPORATION AND SUZUKI MOTOR CORPORATION OF JAPAN, DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered January 25, 2012. The order denied the cross motion of plaintiff to compel defendants American Suzuki Motor Corporation and Suzuki Motor Corporation of Japan to further respond to her notice to produce.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WEBSTER SZANYI LLP, BUFFALO (THOMAS S. LANE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND SCONIERS, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:

The parties appear before us for a second time on a dispute over discovery (see Kregg v Maldonado, 98 A.D.3d 1289) in this action seeking damages for injuries sustained by Christopher M. Williams when he was driving a Suzuki motorcycle. Supreme Court properly denied plaintiff's cross motion to compel defendants American Suzuki Motor Corporation and Suzuki Motor Corporation of Japan to further respond to plaintiff's notice to produce. Plaintiff's "bare allegations of relevancy" with respect to the information sought are insufficient to entitle plaintiff to that relief (Crazytown Furniture v Brooklyn Union Gas Co., 150 A.D.2d 420, 421; see Dempski v State Farm Mut. Auto. Ins. Co., 249 A.D.2d 895, 896).


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