Fekeith v. New York City Transit Authority

Motion for an order pursuant to OPLB 3124 compelling defendant to produce certain records for inspection is granted. The notice for discovery and inspection, *315made pursuant to CPLR 3120, was served on defendant on August 20, 1970. No application for a protective order was made by defendant within the five-day period provided for in CPLR, 3122, and no satisfactory excuse has been offered for its failure to comply with the time requirements of that rule. Defendant is therefore barred from objecting to the production of the items sought in plaintiff’s notice. (Coffey v. Orbachs, Inc., 22 A D 2d…