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LEBEL v. CITY OF NEW YORK

163 A.D.2d 920 (1990)

Ronald T. Lebel, Respondent, v. City of New York, Appellant, and Richard Young et al., Respondents

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

July 13, 1990

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted, in part, plaintiff's motion for a protective order (see, CPLR 3103 [a]; Hirschfeld v Hirschfeld, 69 N.Y.2d 842, 844). Defendant's notice of discovery and inspection dated May 12, 1988 was untimely under the court's preliminary conference order dated March 25, 1986 and, in any event, defendant failed to establish that the evidence...

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