Defendant's argument that plaintiffs and the third-party defendant failed to timely object to their discovery demands is unpreserved for review, as it was never raised before the motion court. Moreover, the timeliness of plaintiffs' and the third-party defendant's objections is not a pure question of law appearing on the face of the record, which could not have been avoided if raised at the proper juncture.
McMahon v. Cobbletsone Lofts Condominium, NY Slip Op 07317 (1st Dep't December 8, 2020)
