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KING ELECS. OF GRAHAM AVE., INC. v. AM. NAT'L FIRE INS. CO.

232 A.D.2d 273 (1996)

648 N.Y.S.2d 302

King Electronics of Graham Ave., Inc., Respondent, v. American National Fire Insurance Company, Appellant

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

October 22, 1996

Generally, the issue of whether discovery should be granted is a discretionary matter left within the purview of the Supreme Court (Hirschfeld v Hirschfeld, 69 N.Y.2d 842, 844; Mead v Benjamin, 201 A.D.2d 796, 797). In the case before us, the IAS Court erred, and abused its discretion, as there were no "`special circumstances'" which warranted the order compelling the deposition of defendant...

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