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PACELLI v. PETER L. CEDENO & ASSOCIATES, P.C.

158224/16. Appeal No. 13400. Case No. 2020-04502.

192 A.D.3d 560 (2021)

2021 NY Slip Op 01725

Atesa Pacelli et al., Appellants, v. Peter L. Cedeno & Associates, P.C., et al., Respondents.

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

Decided March 23, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn ( Justin T. Kelton of counsel), for appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Jamie R. Wozman of counsel), for respondents.

Concur— Webber, J.P., Oing, Kennedy, Scarpulla, JJ.

The motion court providently exercised its discretion in determining that that the discovery sought by plaintiffs was not material and necessary to the prosecution of their tort claims (see generally CPLR 3101[a]; Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 N.Y.3d 843, 845 [2008]). Plaintiffs were not entitled to discovery regarding prior alleged misconduct because their claim for violation of...

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