| Foster v Herbert Slepoy Corp. |
| 2010 NY Slip Op 05509 [74 AD3d 1139] |
| June 22, 2010 |
| Appellate Division, Second Department |
| Paula Foster, Plaintiff, v Herbert Slepoy Corp. et al.,Appellants, and Kerry Clancy, Respondent. |
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In an action to recover damages for personal injuries, the defendants Herbert Slepoy Corp.and North and South Lewis Place Owners Corp. appeal from an order of the Supreme Court,Nassau County (Diamond, J.), dated November 7, 2008, which denied their motion pursuant toCPLR 3124 and 3126 to compel the defendant Kerry Clancy to produce documents requested intheir notice of discovery and inspection dated June 10, 2008, and to appear for anotherdeposition.
Ordered that the order is affirmed, without costs or disbursements.
CPLR 3101 (a) requires "full disclosure of all matter material and necessary in theprosecution or defense of an action." "The phrase 'material and necessary' should be 'interpretedliberally to require disclosure, upon request, of any facts bearing on the controversy which willassist preparation for trial by sharpening the issues and reducing delay and prolixity. The test isone of usefulness and reason' " (Friel vPapa, 56 AD3d 607, 608 [2008], quoting Allen v Crowell-Collier Publ. Co., 21NY2d 403, 406 [1968]). A party, however, does not have the right to "uncontrolled andunfettered disclosure" (Gilman &Ciocia, Inc. v Walsh, 45 AD3d 531 [2007]; see Barouh Eaton Allen Corp. vInternational Bus. Machs. Corp., 76 AD2d 873 [1980]). " 'It is incumbent on the partyseeking disclosure to demonstrate that the method of discovery sought will result in thedisclosure of relevant evidence or is reasonably calculated to lead to the discovery of informationbearing on the claims' " (Vyas vCampbell, 4 AD3d 417, 418 [2004], quoting Crazytown Furniture v BrooklynUnion Gas Co., 150 AD2d 420, 421 [1989]).
"The Supreme Court has broad discretion in the supervision of discovery, and itsdeterminations should not be disturbed on appeal unless improvidently made" (Casabona v Huntington Union Free SchoolDist., 29 AD3d 723, 723 [2006]; see Andon v 302-304 Mott St. Assoc., 94NY2d 740, 746 [2000]; Milbrandt &Co., Inc. v Griffin, 19 AD3d 663 [2005]; Provident Life & Cas. Ins. Co. vBrittenham, 284 AD2d 518 [2001]). Here, the Supreme Court providently exercised itsdiscretion in concluding, inter alia, that the additional discovery sought by the appellants wasneither material nor necessary to the prosecution or defense of any claim (see CPLR3101 [a]; Casabona v Huntington UnionFree School Dist., 29 AD3d 723 [2006]; Vyas v Campbell, 4 AD3d 417 [2004]; Palermo Mason Constr.v Aark Holding Corp., 300 AD2d 460 [2002]). Mastro, J.P., Fisher, Belen and Austin, JJ.,concur.