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ALTONEN v. KMART OF NY HOLDINGS, INC.

2010-11275.

94 A.D.3d 920 (2012)

942 N.Y.S.2d 363

2012 NY Slip Op 2820

SHARON ALTONEN et al., Respondents, v. KMART OF NY HOLDINGS, INC., et al., Appellants.

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

Decided April 17, 2012.

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

The Supreme Court providently exercised its discretion in denying the defendants' cross motion to compel production of a confidential settlement agreement from certain prior personal injury actions unrelated to this action, as the settlement agreement is not material and necessary to their defense of this action (see CPLR 3101 [a]; Allstate Ins. Co. v Belt Parkway Imaging, P.C.,

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