Downing v. Moskovits
Opinion of the Court
In an action, inter alia, to recover damages for fraud, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Silverman, J.), dated July 10, 2007, as denied those branches of her motion which were to compel the defendants Tomas Moskovits and Crystal Group, LLC, to respond to interrogatories and certain document requests, and granted so much of the cross motion of those defendants as sought a protective order striking the interrogatories and document requests.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
“ ‘The supervision of discovery, and the setting of reasonable terms and conditions for disclosure, are within the sound discretion of the Supreme Court’ ” (Olexa v Jacobs, 36 AD3d 776, 777 [2007], quoting Ito v Dryvit Sys., 5 AD3d 735 [2004]). “ ‘Under our discovery statutes and case law, competing interests must always be balanced; the need for discovery must be weighed against any special burden to be borne by the opposing party’ ” (Kavanagh v Ogden Allied Maintenance Corp., 92 NY2d 952,
The plaintiff’s remaining contentions are without merit. Rivera, J.E, Santucci, Garni and Dickerson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.