Opinion
June 23, 1986
Appeal from the Supreme Court, Queens County (Bambrick, J.).
Order dated October 1, 1985, affirmed insofar as appealed from. The plaintiffs are awarded one bill of costs.
The defendants failed to timely move for a protective order (see, CPLR 3103, 3122). As the demands here are not palpably improper (see, e.g., Palmieri v. Kilcourse, 91 A.D.2d 657; Scheinfeld v. Burlant, 98 A.D.2d 603), and the defendants have failed to meet their burden of proving that the material sought is privileged (see, e.g., Viruet v. City of New York, 97 A.D.2d 435, 436; Du Four v. Blaw-Knox Corp., 89 A.D.2d 900, 901). We find that Special Term did not abuse its discretion in granting the plaintiffs' cross motion for enforcement (see, Zambelis v Nicholas, 92 A.D.2d 936; Cipriano v. Righter, 100 A.D.2d 923). Gibbons, J.P., Brown, Weinstein and Kooper, JJ., concur.