Altonen v Kmart of NY Holdings, Inc.

Altonen v Kmart of NY Holdings, Inc. 2012 NY Slip Op 02820 Decided on April 17, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 17, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2010-11275
(Index No. 10953/07)

[*1]Sharon Altonen, et al., respondents,

v

Kmart of NY Holdings, Inc., et al., appellants.




Simmons Jannace, LLP, Syosset, N.Y. (Michael D. Kern of
counsel), for appellants.
Schwartz Goldstone & Campisi, LLP (Annette G. Hasapidis,
South Salem, N.Y., of counsel), for
respondents.


DECISION & ORDER

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated March 31, 2010, as denied their cross motion to compel the plaintiffs to produce a settlement agreement from certain prior actions.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the defendants' cross motion to compel production of a confidential settlement agreement from certain prior personal injury actions unrelated to this action, as the settlement agreement is not material and necessary to their defense of this action (see CPLR 3101[a]; Allstate Ins. Co. v Belt Parkway Imaging, P.C., 70 AD3d 530; Matter of New York County Data Entry Worker Prod. Liab. Litig., 222 AD2d 381).
RIVERA, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court