Duracell Int'l, Inc. v. Am. Employers' Ins. Co.

Full title: DURACELL INTERNATIONAL, INC., Respondent, v. AMERICAN EMPLOYERS' INSURANCE…

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

Date published: Nov 5, 1992

187 A.D.2d 278 (N.Y. App. Div. 1992)

589 N.Y.S.2d 438

Opinion

November 5, 1992

Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).

Plaintiff seeks defense and indemnification from defendant insurance companies in three underlying tort actions brought against it. The IAS Court is vested with broad discretion to regulate pre-trial discovery. Here, in view of defendant-appellant's failure to comply with the terms of the court's previous order regulating discovery and a stipulation among the parties, it cannot be said that the court abused its discretion in denying the relief sought by defendant-appellant. (Boutique Fabrice v Bergdorf Goodman, 129 A.D.2d 529.)

Concur — Milonas, J.P., Rosenberger, Ross and Asch, JJ.