Bozeman v. Jaffey

Appellate Division of the Supreme Court of New York

Bozeman v. Jaffey

21 A.D.3d 1344, 801 N.Y.S.2d 187

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 2005

StatusPublished

This text of 21 A.D.3d 1344 (Bozeman v. Jaffey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bozeman v. Jaffey, 21 A.D.3d 1344, 801 N.Y.S.2d 187 (N.Y. Ct. App. 2005).

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Opinion

from a judgment of the Supreme Court, Monroe County (William P Polito, J.), entered June 16, 2004. The judgment dismissed the complaint upon a jury verdict in favor of defendant.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from a judgment dismissing the complaint upon a jury verdict rendered in favor of defendant. Contrary to plaintiffs contention, the verdict is supported by a fair interpretation of the evidence and thus is not against the weight of the evidence (see generally Lolik v Big V Supermarkets, 86 NY2d 744, 746 [1995]). Also contrary to plaintiffs contention, Supreme Court did not err in refusing to allow plaintiff to conduct further discovery after the filing of the note of issue and statement of readiness. “It is settled that a trial court has broad discretionary power in controlling discovery and disclosure, and only a clear abuse of discretion will prompt appellate action” (Geary v Hunton & Williams, 245 AD2d 936, 938 [1997]; see Saratoga Harness Racing v Roemer, 274 AD2d 887, 888 [2000]). Here, no clear abuse of discretion was shown. We have reviewed plaintiffs remaining contentions and conclude that they either are unpreserved for our review or are without merit. Present—Pigott, Jr., P.J., Green, Kehoe, Martoche and Lawton, JJ.

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from a judgment of the Supreme Court, Monroe County (William P Polito, J.), entered June 16, 2004. The judgment dismissed the complaint upon a jury verdict in favor of defendant.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from a judgment dismissing the complaint upon a jury verdict rendered in favor of defendant. Contrary to plaintiffs contention, the verdict is supported by a fair interpretation of the evidence and thus is not against the weight of the evidence (see generally Lolik v Big V Supermarkets, 86 NY2d 744, 746 [1995]). Also contrary to plaintiffs contention, Supreme Court did not err in refusing to allow plaintiff to conduct further discovery after the filing of the note of issue and statement of readiness. “It is settled that a trial court has broad discretionary power in controlling discovery and disclosure, and only a clear abuse of discretion will prompt appellate action” (Geary v Hunton & Williams, 245 AD2d 936, 938 [1997]; see Saratoga Harness Racing v Roemer, 274 AD2d 887, 888 [2000]). Here, no clear abuse of discretion was shown. We have reviewed plaintiffs remaining contentions and conclude that they either are unpreserved for our review or are without merit. Present—Pigott, Jr., P.J., Green, Kehoe, Martoche and Lawton, JJ.

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Bluebook (online)

21 A.D.3d 1344, 801 N.Y.S.2d 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bozeman-v-jaffey-nyappdiv-2005.

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