47 N.Y.2d 914 | NY | 1979
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, in éach case.
The determination as to the terms and provisions of discovery as regulated to prevent abuse by protective orders under CPLR 3103 (subd [a]) rests in the sound discretion of the court to which application is made, subject to review by the intermediate appellate court, here the Appellate Division. Our court will not disturb the determinations made by that court in the absence of a demonstration that as a matter of law there has been an abuse of discretion. (3A Weinstein-KornMiller, NY Civ Prac, par 3103.01.) No such demonstration has been made in either of these cases.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.
In each case: Order affirmed.
Respondent Nikko’s motion to dismiss the appeal in its case was denied on April 3, 1979.