Defendant served a written document demand, and, eight days later, plaintiff served a writer objection to production, but did not specify any ground. Plaintiff did not raise the ground of privilege until five months later, and never timely objected with particularity, pursuant to CPLR 3122[a][1]. Accordingly, plaintiff waived objection based on any ground other than privilege or palpable impropriety. The only ground which plaintiff advances is 8 USC § 1367, which is not a privilege for purposes of CPLR 3101 or waiver under CPLR 3122. Plaintiff does not assert that the document demand was palpably improper. The Appellate Division reversed the denial of the motion to compel.
Khatskevich v. Victor, NY Slip Op 03478 (1st Dep't June 18, 2020)
Here is the decision.
