Farone v. Korey Motors, Inc.

On the face of CPLR 3122, this motion by plaintiff for a protective order with regard to a defendant’s notice for discovery and inspection is untimely. However, the section should be read with and related to CPLR. 3103, subd. (a) which latter provides that a court may make a protective order on its own initiative at any time (3 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3122.01). However, good cause for a departure from the stated time limit .should be shown.

*566Despite a failure to excuse the tardiness of this motion a complicating factor is manifested in that the notice itself was served…