Opinion
13022N Index No. 25959/18 Case No. 2020-01605
02-02-2021
Griselda Diaz JEREZ, Plaintiff-Respondent, v. 2141, LLC, Defendant-Appellant.
Kaufman Borgeest & Ryan LLP, Valhalla (Rebecca A. Barrett of counsel), for appellant. Anthony J. Cugini, Riverdale, for respondent.
Kaufman Borgeest & Ryan LLP, Valhalla (Rebecca A. Barrett of counsel), for appellant.
Anthony J. Cugini, Riverdale, for respondent.
Renwick, J.P., Webber, Gonza´lez, Scarpulla, JJ.
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered February 5, 2020, which denied defendant's motion to compel certain discovery, unanimously affirmed, without costs.
The motion court providently exercised its discretion in denying defendant's motion to compel discovery on the ground that defendant failed to demonstrate that information relating to plaintiff's 2010 work-related back injury was relevant to her present shoulder and knee injury claims (see Lafata v. Verizon Communications Inc., 180 A.D.3d 575, 116 N.Y.S.3d 557 [1st Dept. 2020] ; Gumbs v. Flushing Town Ctr. III, L.P., 114 A.D.3d 573, 981 N.Y.S.2d 394 [1st Dept. 2014], appeal withdrawn 25 N.Y.3d 986, 10 N.Y.S.3d 529, 32 N.E.3d 966 [2015] ). Plaintiff testified that any difficulty that she had had walking due to the 2010 injury was mild, intermittent, and a result of pain rather than physiological causes, and that it had been resolved by surgery performed years before the accident from which the present claims arise (see Brito v. Gomez, 33 N.Y.3d 1126, 107 N.Y.S.3d 797, 131 N.E.3d 904 [2019] ; Bennett v. Gordon, 99 A.D.3d 539, 952 N.Y.S.2d 166 [1st Dept. 2012] ).