Although this Court may exercise its own discretion regarding discovery determinations (Andon v. 302-304 Mott St. Assocs., 94 N.Y.2d 740, 745), "deference is afforded to the trial court's discretionary determinations regarding disclosure" (Jordan v. Blue Circle Atl., 296 A.D.2d 752). Here, the motion court's discovery rulings should not be disturbed. The record demonstrates that the discovery period was extended several times and that circumstances did not warrant another post-note of issue extension. Plaintiff repeatedly asserts that the trial court told plaintiff's counsel that the usual rules notwithstanding, the filing of the note of issue would not cut off any pending discovery requests. However, plaintiff may not obtain appellate relief based on an alleged verbal assurance by the trial court not documented within the certified record on appeal (see CIS Air Corp. v. Express One Intl., 298 A.D.2d 317).
The court properly "bifurcated" discovery on liability and damages, since the primary inquiries relevant to establishing liability on plaintiff's breach of fiduciary duty and related claims are distinct from the question of whether plaintiff was injured by any proven misconduct and, if so, to what degree.
We have considered plaintiff's remaining arguments and find them unavailing.
Motion seeking stay denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.