Carlotti v. Kilgallon

Full title: REBECCA J. CARLOTTI, Respondent, v. PAUL A. KILGALLON et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 23, 1994

209 A.D.2d 912 (N.Y. App. Div. 1994)

619 N.Y.S.2d 972

Opinion

November 23, 1994

Appeal from the Supreme Court, Schenectady County (Lynch, J.).

White, J.

Supervision of disclosure is within the sphere of the trial court's broad discretionary power and, absent abuse, should not be disturbed (Dunlap v. United Health Servs., 189 A.D.2d 1072; Soper v. Wilkinson Match, 176 A.D.2d 1025). Applying this principle here, we affirm since we agree with Supreme Court that, at this point, defendants have not established the necessity for having plaintiff submit to two physical examinations by different specialists (see, Quaglia v. 69th Tenants Corp., 198 A.D.2d 108).

Cardona, P.J., Casey and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, with costs.