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. (
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ALDRICH v. CATEL SERV. CO.
51 Misc.2d 16 (1966)
Hulbert S. Aldrich, Plaintiff, v. Catel Service Co., Inc., et al. Defendants.
Civil Court of the City of New York, Special Term, New York County.https://leagle.com/images/logo.png
July 28, 1966
July 28, 1966
Attorney(s) appearing for the Case
Bower, O'Connor & Taylor (
Civil Court of the City of New York, Special Term, New York County.
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