Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc.

Nardelli and Buckley, JJ.,

dissent in a memorandum by Nardelli, J., as follows: I respectfully dissent to the extent that I vote to reverse the order of Supreme Court, grant plaintiffs’ motion to confirm the report of the Special Referee to the extent indicated herein, and deny defendant’s motion to reject that report.

It is well established that while the trial court is afforded broad discretion in supervising disclosure, this Court is vested with the corresponding power to substitute its own discretion for that of the trial court, even in the absence of abuse by the trial court (Mann v Cooper…