WOODS v. DANIELLA REALTY CORP

The grant of plaintiff's motion to conduct a post note of issue deposition of a nonparty witness did not, under the circumstances, constitute an improvident exercise of the motion court's broad discretion to supervise discovery-related matters ( see Ulico Cas. Co. v. Wilson, Elser, Moskowitz, Edelman Dicker, 1 AD3d 223).

Given the numerous vagaries in the testimony of the moving defendant's principal and the lack of documentation to support that defendant's essential claim that it was an out-of-possession landlord without control over the subject premises, the motion for summary judgment was properly denied ( see Kreimer v Rockefeller Group, Inc., 2 AD3d 407).