A motion pursuant to CPLR 3103(a) is a proper vehicle for challenging a petition to compel discovery brought pursuant to CPLR 3102(c). CPLR 3102(c) merely provides a device for obtaining pre-action discovery, and CPLR 3103(a) is a means for obtaining, at any time, an order "denying, limiting, conditioning or regulating the use of any disclosure device."
Delgrange v. RealReal, Inc., NY Slip Op 02170 (1st Dep't April 2, 2020)
Here is the decision.
