Lebel v. City of New York, Young

Full title: RONALD T. LEBEL, Respondent, v. CITY OF NEW YORK, Appellant, and RICHARD…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 13, 1990

163 A.D.2d 920 (N.Y. App. Div. 1990)

559 N.Y.S.2d 843

Opinion

July 13, 1990

Appeal from the Supreme Court, Queens County, Lerner, J.

Present — Denman, J.P., Green, Pine, Balio and Lowery, JJ.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted, in part, plaintiff's motion for a protective order (see, CPLR 3103 [a]; Hirschfeld v Hirschfeld, 69 N.Y.2d 842, 844). Defendant's notice of discovery and inspection dated May 12, 1988 was untimely under the court's preliminary conference order dated March 25, 1986 and, in any event, defendant failed to establish that the evidence it sought was material and necessary in the defense of the action (see, CPLR 3101 [a]).