Duhe v. Midence

Order, Supreme Court, New York County (Milton Tingling, J.), entered August 9, 2002, which, inter alia, denied, in part, plaintiffs’ motion seeking additional discovery, unanimously affirmed, without costs.

*280Although defendants, individually, may, within the time prescribed by CPLR 3122, have failed to challenge the propriety of certain of the discovery requests, inquiry into the propriety of such discovery requests was not foreclosed, the requests having been palpably improper by reason of the irrelevance of the material sought (see Perez v Board of Educ. of City of N.Y., 271 AD2d 251 [2000]).

T…