| Reilly Green Mtn. Platform Tennis v Cortese |
| 2009 NY Slip Op 01458 [59 AD3d 694] |
| February 24, 2009 |
| Appellate Division, Second Department |
| Reilly Green Mountain Platform Tennis et al.,Appellants, v Sandy Cortese et al., Respondents, et al.,Defendant. |
—[*1] Kaye Scholer LLP, New York, N.Y. (Glen J. Pogust of counsel), for respondents.
In an action, inter alia, to recover damages for negligent misrepresentation, the plaintiffsappeal, as limited by their brief, from so much of an order of the Supreme Court, WestchesterCounty (Scheinkman, J.), entered August 6, 2007, as, among other things, denied that branch oftheir motion pursuant to CPLR 3124 which was to compel the production of documents.
Ordered that the order is affirmed insofar as appealed from, with costs.
"The supervision of disclosure and the setting of reasonable terms and conditions thereforrests within the sound discretion of the trial court and, absent an improvident exercise of thatdiscretion, its determination will not be disturbed" (Mattocks v White Motor Corp., 258AD2d 628, 629 [1999] [citations omitted]; see Gilman & Ciocia, Inc. v Walsh, 45 AD3d 531 [2007]). Underthe circumstances of this case, the Supreme Court providently exercised its discretion in denyingthat branch of the plaintiffs' motion which was to compel the production of documents (see Gilman & Ciocia, Inc. v Walsh, 45AD3d 531 [2007]).
The plaintiffs' remaining contention has been rendered academic. Spolzino, J.P., Santucci,Angiolillo and Eng, JJ., concur.