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CRONIN v. GRAMERCY FIVE ASSOCS.

233 A.D.2d 263 (1996)

650 N.Y.S.2d 125

Joane Cronin et al., Respondents, v. Gramercy Five Associates et al., Respondents, and Flynn-Hill Elevator Company, Inc., Appellant, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

November 26, 1996

The grant or denial of discovery is a discretionary matter (Brady v Ottaway Newspapers, 63 N.Y.2d 1031). Here, the motion court's ruling was neither beyond the scope of its power to shape the contours of discovery nor an improvident exercise of its discretion. There was no showing of any relationship between the emotional distress that plaintiff claims resulted from the accident in issue and his past history of substance abuse. Thus...

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