Cy Farms v. New York State Electric & Gas Corp.

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff’s motion seeking discovery of defendant’s records concerning prior and subsequent claims for damages arising from defendant’s exercise of easement rights and seeking further depositions of defendant’s employees with knowledge of such claims. Such discovery is material to the interpretation by defendant of its contractual obligations and thus probative of the ultimate issue of contract interpretation to be determined by the court (see, Nationwide Mut. Ins. Co. v Erie & Niagara Ins. Assn., 249 AD2d 898,…