Aldrich v. Catel Service Co.

It appears that this application for a protective order vacating plaintiff’s notice for discovery was not made within the time limited by CPLR 3122 and 2103 (subd. [b], par. 2) and that no special circumstances excusing the delay have been shown. Accordingly, under the doctrine enunciated by the Appellate Division, First Department, in the case of Coffey v. Orbachs, Inc. (22 A D 2d 317) movants have waived all objections they might otherwise have had to the production of the document in question, except objections based upon the provisions of CPLR 3101 (subds. [b] and [c]) which respectively…