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Hatter v. Myerson

Supreme Court of New York, Second Department

January 22, 2014

Jeffrey Hatter, respondent,
v.
Bob Myerson, et al., defendants, Fuscaldo Enterprises, Ltd., appellant. Index No. 17045/10

Jones Morrison, LLP, Scarsdale, N.Y. (Clifford I. Bass of counsel), for appellant.

Steinberg, Symer & Platt, LLP, Poughkeepsie, N.Y. (Clifford A. Platt of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the defendant Fuscaldo Enterprises, Ltd., appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered May 30, 2012, as denied those branches of its motion which were to compel the plaintiff to produce certain documents requested in its supplementary notices for discovery and inspection dated January 4, 2012, and February 16, 2012.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, the Supreme Court providently exercised its discretion in concluding that the additional discovery of financial documents sought by the appellant was neither material nor necessary in the defense of the action (see CPLR 3101[a]; Constantino v Dock's Clam Bar & Pasta House, 60 A.D.3d 612).

The appellant's remaining contentions are without merit.

MASTRO, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.


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