Those Certain Underwriters at Lloyds, London, Appellants v. Occidental Gems, Inc., Respondent, and…

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that a trial court may disaffirm a special referee’s findings of fact even when supported by the record and that appointing a special referee does not waive the trial court’s discretionary authority over discovery. The court affirmed the lower courts’ determination that the evidence did not support the referee’s recommendation to compel a foreign deposition and production of arbitration materials.