Lee v Luk

Lee v Luk 2009 NY Slip Op 09307 [68 AD3d 554] December 15, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Dennis Lee, Also Known as Lee Man for Dennis, Respondent, et al., Plaintiffs,
v
Nancy Lee Luk, Also Known as Lee Lai Ching, Appellant, et al., Defendants.

—[*1] Heller, Horowitz & Feit, P.C., New York (Allen M. Eisenberg of counsel), for appellant.

D'Arcambal, Levine & Ousley, LLP, New York (Aimee P. Levine of counsel), for respondent.

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered April 23, 2009, which granted plaintiff Dennis Lee's motion to compel defendant Nancy Lee Luk to respond to interrogatories 2, 12, 17 and 19 and document requests 7, 8, 14, 22 and 37, in part, unanimously modified, on the law and the facts, to limit disclosure to the period from August 30, 1999 through the present and to strike document request 22, and, as so modified, affirmed, without costs.

The trial court properly directed Luk to provide financial information and documentation, since the financial disclosure does not relate solely to the accounting claims but is relevant and material to the other causes of action asserted in the amended complaint, including those for breach of fiduciary duty and conversion (see A. Colish, Inc. v Abramson, 150 AD2d 210, 211 [1989]).

Plaintiff's claims were limited by the court's prior order finding that plaintiff could recover "money damages from [Luk] for her acts going back to August 30, 1999." Thus, information regarding Luk's acts before August 30, 1999 is not "material and necessary in the prosecution . . . of [the] action" (CPLR 3101 [a]; see Nasco, N. Atl. Steel Co. v Da Silva, 167 AD2d 149 [1990]; Matos v City of New York, 78 AD2d 834 [1980]).

Document request 22 is an improper "all-inclusive demand for documents of any and every kind" (Brandon v Chefetz, 101 AD2d 786 [1984]). [*2]

We have considered defendants' remaining arguments and find them unavailing. Concur—Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.