Opinion
410
March 15, 2002.
Appeal from an order of Supreme Court, Yates County (Falvey, J.), entered April 13, 2001, which, inter alia, denied defendant's motion seeking dismissal of the action.
Goldberg Segalla LLP, Buffalo (John P. Freedenberg of counsel), for defendant-appellant.
Moran Kufta, P.C., Rochester (Mark J. Valerio of counsel), for plaintiffs-respondents.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
It is well settled that supervision of discovery is within Supreme Court's broad discretion and should not be disturbed absent a clear abuse of discretion ( see, Kern v. City of Rochester [appeal No. 1] , 267 A.D.2d 1026; Gadley v. U.S. Sugar Co., 259 A.D.2d 1041, 1042). Under the circumstances of this case, we conclude that the court did not abuse its discretion in denying defendant's motion seeking dismissal of the action based on plaintiffs' failure to respond to defendant's second set of interrogatories and notice to produce or, in the alternative, seeking to compel plaintiffs to do so.