Opinion
CA 02-00292
June 14, 2002.
Appeal from an order of Supreme Court, Chautauqua County (Gerace, J.), entered October 25, 2001, which denied plaintiff's motion for an order of resolution and for sanctions.
MISERENDINO, CELNIKER, SEEGERT ESTOFF, P.C., BUFFALO (MICHAEL R. DRUMM OF COUNSEL), FOR PLAINTIFF-APPELLANT.
DAMON MOREY LLP, BUFFALO (KATHLEEN M. REILLY OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, KEHOE, 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:
"Trial courts have broad discretion in supervising disclosure and, absent a clear abuse of that discretion, a trial court's exercise of such authority should not be disturbed" ( Gadley v. U.S. Sugar Co., 259 A.D.2d 1041, 1042). Supreme Court did not abuse its discretion in denying plaintiff's motion for an order resolving in plaintiff's favor an issue raised during the deposition of defendant's employee ( see CPLR 3126) and awarding sanctions against defendant and its attorney.