Legal Opinion
Rusyniak v. Candlewick Construction, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1978PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously affirmed, with costs. Memorandum: Special Term did not abuse its discretion in denying defendants the grant of a protective order. Not only was defendants’ motion for a protective order untimely (see Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 3103:3, p 299; Zeif v Zeif, 31 AD2d 625), but it waived any objection to the production of tax returns by voluntarily producing these returns and answering questions at a prior examination. The Court of Appeals has stated that, "CPLR 3101 (subd [a]) should be construed, as the leading text on practice puts…
2Cases cited5 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1977
- Braynard v. MorganAppellate Division of the Supreme Court of the State of New York · 1975
- Wolfe v. FazziniAppellate Division of the Supreme Court of the State of New York · 1975
- Zeif v. ZeifAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by2 opinions
- Johantgen v. Hobart Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Auburn Extrusions, Inc. v. Auburn Armature, Inc.Appellate Division of the Supreme Court of the State of New York · 1980