Anzelone v. Emerson Electric Co.
Opinion of the Court
Appeal and cross appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered February 14, 2008 in a personal injury action. The order granted in part the motion of plaintiff to compel further disclosure.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in its entirety and as modified the order is affirmed without costs.
Memorandum: Defendants appeal and plaintiff cross-appeals from an order that granted in part plaintiffs motion to compel further disclosure. We agree with defendants that Supreme Court erred in failing to deny the motion in its entirety, and we therefore modify the order accordingly. Plaintiff made the motion after filing a note of issue, and “[t]his Court has repeatedly stated that, absent special, unusual or extraordinary circumstances spelled out factually, the motion court lacks discretion
Case-law data current through December 31, 2025. Source: CourtListener bulk data.