Altonen v Kmart of NY Holdings, Inc.

2012 NY Slip Op 02820 [94 AD3d 920]

April 17, 2012

Appellate Division, Second Department

As corrected through Wednesday, May 23, 2012

Sharon Altonen et al., Respondents, v Kmart of NYHoldings, Inc., et al., Appellants.

—[*1]Simmons Jannace, LLP, Syosset, N.Y. (Michael D. Kern of counsel), for appellants.

Schwartz Goldstone & Campisi, LLP (Annette G. Hasapidis, South Salem, N.Y., of counsel),for respondents.

In an action to recover damages for personal injuries, etc., the defendants appeal, as limitedby their brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.),dated March 31, 2010, as denied their cross motion to compel the plaintiffs to produce asettlement agreement from certain prior actions.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the defendants' crossmotion to compel production of a confidential settlement agreement from certain prior personalinjury actions unrelated to this action, as the settlement agreement is not material and necessaryto their defense of this action (see CPLR 3101 [a]; Allstate Ins. Co. v Belt Parkway Imaging, P.C., 70 AD3d 530[2010]; Matter of New York County Data Entry Worker Prod. Liab. Litig., 222 AD2d381 [1995]). Rivera, J.P., Leventhal, Roman and Cohen, JJ., concur.