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SPRAGUE v. INT'L BUS. MACHS. CORP.

114 A.D.2d 1025 (1985)

Robert Sprague, Plaintiff, v. International Business Machines Corp., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Orange County Insulation Corp., Third-Party Defendant-Appellant

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

November 25, 1985

Order reversed, with costs, and motion denied.

As noted by Special Term, the failure to make a timely motion for a protective order forecloses inquiry into the propriety of a notice for discovery and inspection and the information sought to be discovered thereunder except as to requests which are palpably improper or as to privileged matter (CPLR 3101, 3122; Cipriano v Righter, 100 A.D.2d 923). This case falls within the...

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