Szmania v State of New York
2011 NY Slip Op 02281 [82 AD3d 1688]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


David Szmania et al., Appellants, v State of New York, Respondent. (Claim No. 111596.) (Appeal No. 1.)

—[*1] Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for claimants-appellants.

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino of counsel), for defendant-respondent.

Appeal from an order of the Court of Claims (Jeremiah J. Moriarty, III, J.), entered January 22, 2009 in a personal injury action. The order, insofar as appealed from, denied in part the motion of claimants to compel the production of documents.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Szmania v State of New York (82 AD3d 1688 [2011]). Present—Centra, J.P., Fahey, Carni, Green and Gorski, JJ.