Gordon v. Field

Summary

The Appellate Division, Second Department, affirmed an order denying Alex and Lana Gordon's motion to review a referee's determination refusing to reopen discovery to obtain documents withheld as privileged. The court held that the trial court providently exercised its discretion in supervising disclosure and denying the application under CPLR 3104(d).

Holdings

1. The Supreme Court providently exercised its discretion in denying the Gordons' motion under CPLR 3104(d) to review the referee's denial of their application to reopen discovery for documents withheld as privileged.

Questions Presented

1. Whether the Supreme Court properly denied the Gordons' CPLR 3104(d) motion to review the referee's denial of their application to reopen discovery for documents withheld as privileged.
2. Whether the trial court providently exercised its discretion in supervising disclosure and declining to reopen discovery.

Disposition

affirmed