Herbenson v. Carrols Corp.
Opinion of the Court
We affirm. It is a “well-settled principle that the trial court has broad discretion in supervising disclosure and in granting protective orders limiting or denying discovery” (Matter of Andrews v Trustco Bank, Natl. Assn., 289 AD2d 910, 912-913 [2001] [internal quotation marks and citation omitted]; accord Fox v Fox, 309 AD2d 1056, 1057 [2003]). Although we can substitute our discretion for that of the trial court regarding disclosure (see Brady v Ottaway Newspapers, 63 NY2d 1031, 1032 [1984]), we typically limit our review to whether the trial court clearly abused its discretion (see e.g. Ruthman, Mercadante & Hadjis v Nardiello, 288 AD2d 593, 594 [2001]; Saratoga Harness Racing v Roemer, 274 AD2d 887, 888 [2000]). Here, plaintiff is not being deprived of the documents and information sought in the disputed paragraphs of the original notice to produce. She is simply being required to keep that information
Mercure, J.P., Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the order is affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.