Wu v Chang Ming Li (2004 NY Slip Op 50842(U))

[*1]

Wu v Chang Ming Li

2004 NY Slip Op 50842(U)

Decided on July 22, 2004

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 22, 2004

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570060/04

JIMMY CHUNG-JUH WU, Plaintiff-Respondent,

against

CHANG MING LI d/b/a Law Office of Da Li, Defendant-Appellant.

Defendant, as limited by his briefs, appeals from that portion of an order of the Civil Court, New York County, entered January 28, 2004 (Eileen A. Rakower, J.) which granted plaintiff's motion to compel defendant to respond to interrogatories.

PER CURIAM:

Order entered January 28, 2004 (Eileen A. Rakower, J.) modified to deny plaintiff's motion to compel defendant to respond to interrogatories; as modified, order affirmed, without costs.

The questions posed by plaintiff in Interrogatories 1 through 40, and 44, seeking information concerning the operation of defendant's law practice, are irrelevant to plaintiff's sole remaining causes of action for false imprisonment and civil assault. Plaintiff's motion to compel defendant to respond to those interrogatories should have been denied since they request information that is not material or relevant to the issues presently framed in the lawsuit (see Zohar v Hair Club for Men, Ltd., 200 AD2d 453 [1994]). Defendant has adequately responded to plaintiff's other interrogatories. [*2]

This constitutes the decision and order of the court.