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ELMORE JR. v. 2720 CONCOURSE ASSOCIATES, L.P.

50 A.D.3d 493 (2008)

855 N.Y.S.2d 528

ERIC ELMORE, JR., an Infant, by His Parents and Natural Guardians, ERIC ELMORE, SR., et al., et al., Respondents, v. 2720 CONCOURSE ASSOCIATES, L.P., et al., Appellants.

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

Decided April 22, 2008.

While this Court may exercise its own discretion regarding the supervision of discovery, deference is generally afforded to the trial court's determinations in this regard (Don Buchwald & Assoc. v Marber-Rich, 305 A.D.2d 338 [2003]). Given defendants' failure to offer proper expert evidence establishing a particularized need for inquiry into matters not directly at issue in this action, the denial of their discovery request was...

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