Legal Opinion
King Electronics of Graham Ave., Inc. v. American National Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1996PublishedCited by 3 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Stuart Cohen, J.), entered December 6, 1995, which granted plaintiffs motion to compel the deposition of defendant’s expert witness, is unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion is denied.
Generally, the issue of whether discovery should be granted is a discretionary matter left within the purview of the Supreme Court (Hirschfeld v Hirschfeld, 69 NY2d 842, 844; Mead v Benjamin, 201 AD2d 796, 797). In the case before us, the IAS Court erred, and abused its discretion, as there were no "…
2Cases cited6 opinions
- Hirschfeld v. HirschfeldNew York Court of Appeals · 1987
- 232 Broadway Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1991
- Adams Lighting Corp. v. First Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Generali Insurance Co. of Trieste & Venice v. Honeywell, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Hawksby v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by3 opinions
- Fekete v. GA InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Melendez v. Roman Catholic ArchdioceseAppellate Division of the Supreme Court of the State of New York · 2000
- K. S. v. Incorparated Village of Garden CityAppellate Division of the Supreme Court of the State of New York · 1997