Scott v Kosova Props. Inc.
2025 NY Slip Op 01070 [235 AD3d 565]
February 25, 2025
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 2, 2025


[*1]
 Gregory Scott, Appellant,
v
Kosova Properties Inc. et al., Respondents.

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 AD3d 573, 574 [1st Dept 2014]).

We have considered plaintiff's remaining contentions and find them unavailing. Concur—Kern, J.P., Friedman, Kapnick, Rodriguez, O'Neill Levy, JJ.