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RUSYNIAK v. CANDLEWICK CONSTR., INC.

63 A.D.2d 831 (1978)

Walter G. Rusyniak, Respondent, v. Candlewick Construction, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 26, 1978

Order unanimously affirmed, with costs.

Memorandum:

Special Term did not abuse its discretion in denying defendants the grant of a protective order. Not only was defendants' motion for a protective order untimely (see Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 3103:3, p 299; Zeif v Zeif, 31 A.D.2d 625), but it waived any objection to the production of tax returns by voluntarily producing...

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