FERRO v. LEE


48 A.D.3d 412 (2008)

849 N.Y.S.2d 795

LILIAN FERRO, Also Known as LILIAN TAPIA, et al., Respondents, v. ANDY M. LEE, Appellant.

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

Decided February 5, 2008.


Ordered that the order is affirmed, with costs.

A trial court has broad discretion in supervising discovery (see generally Vasile v Chisena, 272 A.D.2d 610 [2000]). Here, since the defendant did not establish willful noncompliance with CPLR 3101 (d) on the plaintiffs' part, the Supreme Court providently exercised its discretion in permitting the plaintiffs to obtain a new expert and adjourning the trial in this matter (

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