Transatlantic Reinsurance Co. v. AIU Insurance

126 A.D.3d 615, 3 N.Y.S.3d 602

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 24, 2015
• Docket: 709 151885/13
• Status: Published

Opinion

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered March 7, 2014, which denied, without prejudice, plaintiffs 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, plaintiffs discovery requests are overbroad and seek irrelevant information. We note that the court denied plaintiffs motion without prejudice. We see no need to substitute our own discretion in this case (see Andon v 302-304 Mott St. Assoc., 94 NY2d 740, 745 [2000]).

Concur — Tom, J.R, Renwick, DeGrasse, ManzanetDaniels and Clark, JJ.

Motion for stay or adjournment denied.