Caro v. Marsh USA, Inc.
Cases that cite this one
5 later published cases cite this decision.
- Barra v. Barra (Appellate Division of the Supreme Court of New York 2021)
- United Airconditioning Corp. v. Axis Piping, Inc. (Appellate Division of the Supreme Court of New York 2021)
- USAA Federal Savings Bank v. Calvin (Appellate Division of the Supreme Court of New York 2016)
- Yu Hui Chen v. Chen Li Zhi (Appellate Division of the Supreme Court of New York 2013)
- Yu Hui Chen v. Chen Li Zhi (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Moreover, “[generally, a court may, in its discretion, 'grant relief that is warranted by the facts plainly appearing on the papers on both sides, if the relief granted is not too dramatically unlike the relief sought, the proof offered supports it, and there is no prejudice to any party’ ” (Clair v Fitzgerald, 63 AD3d 979, 980 [2009], quoting Frankel v Stavsky, 40 AD3d 918, 918-919 [2007]; see Emigrant Mtge. Co., Inc. v Fisher, 90 AD3d 823, 824 [2011]; Matter of Myers v Markey, 74 AD3d 1344, 1345 [2010]). Here, the relief granted by the Supreme Court closely approximated that sought by the defendants in their motion, and fulfilled the goal of having future depositions conducted in a controlled, monitored environment. Additionally, the relief was amply supported by the proof and neither surprised nor prejudiced the plaintiff, who was afforded a full and fair opportunity to argue against it. Accordingly, there is no basis in the record to disturb the court’s exercise of discretion. Mastro, J.P., Dickerson, Lott and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.