J. R. Miller Co. v. Drew

On January 29, 1968, the defendant served a notice on the plaintiff pursúant to CPLR 3120 for the production of the business records and the income tax returns of plaintiff along with other documents. Plaintiff did not produce the documents under a claim of privilege. Subsequently, it filed a note of issue for the October 19691 Term alleging that all necessary proceedings had been completed. Upon motion of the defendant, the action- was stricken from the calendar because the statement of readiness was not correct. Plaintiff now seeks a protective order under CPLR 3103 (subd. [a]) and also…