Transatlantic Reins. Co. v AIU Ins. Co.
2015 NY Slip Op 02437 [126 AD3d 615]
March 24, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2015


[*1]
 Transatlantic Reinsurance Company, Appellant,
v
AIU Insurance Company, Respondent, et al., Defendant.

Crowell & Moring LLP, New York (Cliff Elgarten of counsel), for appellant.

Simpson Thacher & Bartlett LLP, New York (Mary Kay Vyskocil of counsel), for respondent.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered March 7, 2014, which denied, without prejudice, plaintiff's motion to compel discovery from defendant, unanimously affirmed, with costs.

The motion court providently exercised its discretion by determining that, at this stage of the proceedings, plaintiff's discovery requests are overbroad and seek irrelevant information. We note that the court denied plaintiff's motion without prejudice. We see no need to substitute our own discretion in this case (see Andon v 302-304 Mott St. Assoc., 94 NY2d 740, 745 [2000]). Concur—Tom, J.P., Renwick, DeGrasse, Manzanet-Daniels and Clark, JJ.

Motion for stay or adjournment denied.