Elmore v 2720 Concourse Assoc., L.P.

2008 NY Slip Op 03506 [50 AD3d 493]

April 22, 2008

Appellate Division, First Department

As corrected through Wednesday, June 18, 2008

Eric Elmore, Jr., an Infant, by His Parents and Natural Guardians,Eric Elmore, Sr., et al., et al., Respondents, v 2720 Concourse Associates, L.P., et al.,Appellants.

—[*1]Kopff, Nardelli & Dopf, LLP, New York (Martin B. Adams of counsel), for appellants.

Perecman & Fanning, PLLC, New York (Barry S. Huston of counsel), forrespondents.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered April 17, 2007, which, tothe extent appealed from, denied defendants' request for disclosure of plaintiff Maria Elmore'spsychiatric history, unanimously affirmed, without costs.

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 (DonBuchwald & Assoc. v Marber-Rich, 305 AD2d 338 [2003]). Given defendants' failure tooffer proper expert evidence establishing a particularized need for inquiry into matters notdirectly at issue in this action, the denial of their discovery request was proper (Mendez v Equities By Marcy, 24AD3d 138 [2005]; Mayi v 1551 St.Nicholas, 6 AD3d 219 [2004]). Defendants' expert affidavits are conclusory and fail tosubstantiate the assertion that the mother's records are necessary or relevant (Scipio v Upsell, 1 AD3d 500, 501[2003]). Concur—Lippman, P.J., Saxe, Gonzalez and Moskowitz, JJ.