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DUHE v. MIDENCE

1 A.D.3d 279 (2003)

767 N.Y.S.2d 585

JAMES M. DUHE, an Infant, by His Father and Natural Guardian, JOSEPH J. DUHE, III, et al., Appellants, v. HORACIO J. MIDENCE et al., Defendants, and THE NEW YORK TIMES, Respondent.

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

November 25, 2003.

Although defendants, individually, may, within the time prescribed by CPLR 3122, have failed to challenge the propriety of certain of the discovery requests, inquiry into the propriety of such discovery requests was not foreclosed, the requests having been palpably improper by reason of the irrelevance of the material sought (see Perez v Board of Educ. of City of N.Y., 271 A.D.2d 251 [2000...

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