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SETSUO ITO, appellant, v. DRYVIT SYSTEMS, INC., respondent, ET AL., defendant (and a third-party action).

DECISION ORDER

ORDERED that the order is affirmed, with costs.

"The supervision of discovery, and the setting of reasonable terms and conditions for disclosure, are within the sound discretion of the Supreme Court. The Supreme Court's discretion is broad because it is familiar with the action before it, and its exercise should not be disturbed on appeal unless it was improvidently exercised" ( Provident Life and Cas. Ins. Co. v. Brittenham, 284 A.D.2d 518). The Supreme Court providently exercised its discretion in this case in denying the plaintiff's motion to compel. However, the plaintiff may, if he be so advised, serve a new demand tailored to the component or components actually installed.

RITTER, J.P., SMITH, FRIEDMANN, H. MILLER and CRANE, JJ., concur.

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ITO v. DRYVIT SYSTEMS, INC
(Mar 29, 2004)