Elmore v 2720 Concourse Assoc., L.P. |
2008 NY Slip Op 03506 [50 AD3d 493] |
April 22, 2008 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
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. |
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Perecman & Fanning, PLLC, New York (Barry S. Huston of counsel), for
respondents.
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 AD2d 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 proper (Mendez v Equities By Marcy, 24 AD3d 138 [2005]; Mayi v 1551 St. Nicholas, 6 AD3d 219 [2004]). Defendants' expert affidavits are conclusory and fail to substantiate the assertion that the mother's records are necessary or relevant (Scipio v Upsell, 1 AD3d 500, 501 [2003]). Concur—Lippman, P.J., Saxe, Gonzalez and Moskowitz, JJ.