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EMIGRANT BANK v. ROSABIANCA

Index No. 850136/14. Appeal No. 15356. Case No. 2021-00274.

202 A.D.3d 592 (2022)

159 N.Y.S.3d 835

2022 NY Slip Op 01120

Emigrant Bank, as Successor-by-Merger with Emigrant Savings Bank-Manhattan, Appellant, v. Luigi Rosabianca et al., Defendants, and Secured Lending Corp., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 22, 2022.

Attorney(s) appearing for the Case

Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for appellant.

The Law Offices of Mitchell Cantor, New York (Mitchell Cantor of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Rodriguez, Higgitt, JJ.

"It is well established that a trial court has broad discretion over the discovery process, and its determinations will not be set aside absent a clear showing of abuse of discretion" (Rodney v City of New York, 192 A.D.3d 606, 606 [1st Dept 2021] [citations omitted]). "In monitoring discovery, any sanction levied by a court must be proportionate to the conduct at issue" (Young v City of New York,

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