| Allstate Ins. Co. v Belt Parkway Imaging, P.C. |
| 2010 NY Slip Op 01441 [70 AD3d 530] |
| February 18, 2010 |
| Appellate Division, First Department |
| Allstate Insurance Company et al., Respondents, v BeltParkway Imaging, P.C., et al., Appellants, et al., Defendants. |
—[*1] Cadwalader, Wickersham & Taft LLP, New York (William J. Natbony of counsel), forrespondents.
Order, Supreme Court, New York County (Eileen Bransten, J.), entered October 22, 2009,which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for aprotective order striking the discovery and inspection sought by defendants Belt ParkwayImaging, Diagnostic Imaging, Metroscan Imaging, Parkway MRI and Rabiner, unanimouslyaffirmed, with costs.
After an in camera review (see Masterwear Corp. v Bernard, 298 AD2d 249, 250[2002]), the court properly found that the documents relating to a confidential proposedsettlement that was never finalized were neither material nor necessary to the defense of theaction (see Matter of New York County Data Entry Worker Prod. Liab. Litig., 222 AD2d381 [1995]). Our own review confirms that the documents contain no indication of any attemptto influence a witness to give false testimony (cf. Warrick v Capabilities, Inc., 299 AD2d622, 623 [2002]), or suggest any other basis on which they might be discoverable.[*2]
We have considered appellants' remaining contentionsand find them unavailing. Concur—Friedman, J.P., Sweeny, Nardelli and Freedman, JJ.