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ELMORE v. 2720 CONCOURSE
Appellate Division of the Supreme Court of New York, First Department.
Apr 22, 2008
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While this Court may exercise its own discretion regarding the supervision of discovery, deference is generally afforded to the trial court's determinations in this regard ( Don Buchwald Assoc. v Marber-Rich, 305 AD2d 338). Given defendants' failure to offer proper expert evidence establishing a particularized need for inquiry into matters not directly at issue in this action, the denial of their discovery request was proper ( Mendez v Equities By Marcy, 24 AD3d 138; Mayi v 1551 St. Nicholas, 6 AD3d 219). Defendants' expert affidavits are conclusory and fail to substantiate the assertion that the mother's records are necessary or relevant ( Scipio v Upsell, 1 AD3d 500, 501).
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