SCOTT v. KOSOVA PROPERTIES INC (2025)

Supreme Court, Appellate Division, First Department, New York.

Gregory SCOTT, Plaintiff–Appellant, v. KOSOVA PROPERTIES INC. et al., Defendants–Respondents.

3771

Decided: February 25, 2025

Kern, J.P., Friedman, Kapnick, Rodriguez, O'Neill Levy, JJ.

The Basil Law Group, P.C., New York (Robert J. Basil of counsel), for appellant. McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York (John P. Cookson of counsel), for respondents.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered October 28, 2024, which granted defendants’ motion for a protective order with respect to plaintiff's August 23, 2023 notice to take deposition, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in granting defendants’ motion under CPLR 3103 for a protective order limiting the scope of the depositions and precluding questions pertaining to the topics set forth in numbers 8, 10, 11, and 13 of the notice because either the information sought is subject to the attorney-client privilege, or the topic is not sufficiently tailored to seek information material and necessary to the prosecution or defense of this action (CPLR 3101[a]). The court's discretionary determination is entitled to deference (see Gumbs v. Flushing Town Ctr. III, L.P., 114 A.D.3d 573, 574, 981 N.Y.S.2d 394 [1st Dept. 2014]).

We have considered plaintiff's remaining contentions and find them unavailing.

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