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...
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