Salvatore Vaccaro, et al., appellants, v. Steven Weinstein, etc., respondent, et al., defendants.
Submitted—March 31, 2014
DECISION & ORDER
In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (O'Donoghue, J.), entered April 16, 2012, which denied their motion pursuant to CPLR 3126, inter alia, to strike the answer of the defendant Steven Weinstein, or to impose costs and sanctions and to compel him to appear for a deposition in Queens County, and granted the cross motion of the defendant Steven Weinstein for a protective order precluding the plaintiffs from conducting any further depositions of him.
ORDERED that the order is affirmed, with costs.
The scope of discovery in a civil action is governed by CPLR 3101(a) (see Friel v. Papa, 87 AD3d 1108, 1110; Auerbach v. Klein, 30 AD3d 451, 451–452). The supervision of discovery is generally left to the broad discretion of the trial court, which may issue a protective order to restrict discovery and prevent abuse (see Geffner v. Mercy Med. Ctr., 83 AD3d 998; Latture v. Smith, 304 A.D.2d 534, 536).
The extreme sanction of striking Weinstein's answer was not warranted by the conduct herein, which does not support an inference of willful and contumacious conduct (see Pinto v. Tenenbaum, 105 AD3d 930, 931; Boeke v. Our Lady of Pompei School, 73 AD3d 825, 826; Sullivan v. Nigro, 48 AD3d 454; cf. Reid v. Schoenthal, 288 A.D.2d 203, 204). In addition, contrary to the plaintiffs' contentions, there was no basis in the record for an award of costs or sanctions based on Weinstein's alleged noncompliance with court-ordered discovery (see Knoch v. City of New York, 109 AD3d 459; O'Neill v. Ho, 28 AD3d 626, 627).
Furthermore, the Supreme Court providently exercised its discretion in precluding further depositions of Weinstein (see Friel v. Papa, 87 AD3d 1108; Auerbach v. Klein, 30 AD3d 451; Latture v. Smith, 304 A.D.2d at 536).
DICKERSON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.
Clerk of the Court