From Casetext: Smarter Legal Research

Czarnecki v. Welch

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 2005
23 A.D.3d 914 (N.Y. App. Div. 2005)

Opinion

98138.

November 17, 2005.

Appeal from an order of the Supreme Court (Williams, J.), entered February 17, 2005 in Saratoga County, which denied plaintiff's motion to compel discovery.

Harding Law Firm, Niskayuna (Rachel A. Rappazzo of counsel), for appellant.

Friedman, Hirschen, Miller Campito, Schenectady (Lynn M. Blake of counsel), for respondents.

Before: Cardona, P.J., Mercure, Mugglin and Rose, JJ., concur.


Plaintiff commenced this action to recover for personal injuries sustained when he was bitten by defendants' dog in December 2001. Subsequently, plaintiff moved for an order directing defendants to comply with his discovery demand that the dog be videotaped during a re-creation of the events surrounding the biting incident for evaluation by an animal behavior expert. Supreme Court denied the motion, noting the passage of "some three years" since the incident as well as the lack of authority permitting such an experiment. Plaintiff appeals.

Supreme Court has broad discretion in managing disclosure, and absent an abuse of discretion or unreasonable interference with the disclosure of relevant and necessary material we will not disturb its determinations with regard thereto ( see American Assn. of Bioanalysts v. New York State Dept. of Health, 12 AD3d 868, 869; McMahon v. Aviette Agency, 301 AD2d 820, 821; Jordan v. Blue Circle Atl., 296 AD2d 752, 752-753). Based on the facts and circumstances of this case, we cannot conclude that Supreme Court abused its discretion in denying the motion ( see Austin v. Bascaran, 185 AD2d 474, 475; compare Hayden v. Sieni, 196 AD2d 573, 574, appeal dismissed 82 NY2d 835).

Ordered that the order is affirmed, with costs.


Summaries of

Czarnecki v. Welch

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 2005
23 A.D.3d 914 (N.Y. App. Div. 2005)
Case details for

Czarnecki v. Welch

Case Details

Full title:GARY CZARNECKI, Appellant, v. DARLENE WELCH et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 17, 2005

Citations

23 A.D.3d 914 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8817
803 N.Y.S.2d 817

Citing Cases

Williams v. State

The claim was served on December 28, 2012 and document discovery apparently began in early 2013. The Court's…

Williams v. State

With respect to the balance of the disputed items and documents, the Court's inquiry is guided by the…