Mohamed v Almarwa Ctr. Inc.
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Mohamed v Almarwa Ctr. Inc. 2022 NY Slip Op 34665(U) August 18, 2022 Supreme Court, Kings County Docket Number: Index No. 531812/21 Judge: Lawrence S. Knipel Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. ________________________ .,......,...,...-~ ... FILED: KINGS COUNTY CLERK 08/25/2022 \-·, INDEX NO. 531812/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 08/26/2022 DM At a Centralized Com)!liance Part of the Supreme Court of the-State of New York, held in and for the County of King)!, at the Coarthouse, located at Civic --Centeri,Borough of Brooklyn, City and State of New York, on the .....!.!L day of August , 20n.._ PRESENT: HON. LAWRENCE KNIPEL CAL. NO. 42 & 43 --------- Justice/JOO ·----------------------X KHALED MOHAMED, INDEX NO. 531812/21 PJaintiff(s)', ----------NT -againstALMAR WA CENTER INC. and MOHAMED USSMAN, individually, ORDER Defendant( s) ------------------ .-----· -------------- . -------------------X ~ ! Papen Numbered· Notice of Mofion-Order to·Show Cause ! · and Affidavits (Affinnatjgns) Annexed _ _ _ _ _.,___ _ _ _ _ _ _ _+i__,_._ _ _ _ _ _ _ _ _ __ Answeril)g A~davit (Atti.rmation) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ R~ly Affidavit (Affinnat1on)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Affidavit (Affinnation) Pleadings-Exhibits Stipulat1ons-Minutes ------------------+-----------Filed Papers _ _ __ __ __ __ _-_'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The following pan.en number 1 to read on this motion --------------~~----+------------ Plaintiffs cross-motion to corhpel defendant Mohamed Ussman to respond to interrogatories is denied as moot as counsel for defendants represents that the interrogatory responses have been provided to plaintiff. Defendants' motion for a protective order pursuant to CPLR 3103 (ms-0 I) is granted to the extent that plaintiff shall pay for the cost of an interpreter at the deposition of defendant Mohamed Ussman, which deposition shall be held on or before September 30, 2022. The court finds that it is plaintiffs burden to demonstrate that translation services are unnecessary under CPLR 3114. As such, the court finds that the affidavit of plaintiffs counsel, which does not appear to be based on his personal knowledge of Ussman's language skills, is insufficient to establish that Ussman has sufficient English language proficiency to warrant a finding.that a translator is unnecessary (see Matter of Cherny, 2019 NY Slip Op 33150, *3-6 [U] [Sur Ct, Bronx County 2019]; Tsui v Chou, 2019 WL 3820608, * I [Sup Ct, New York County 2019]; cf. Ozen v Ylmaz, 181 AD2d 666,667 [2d Dept 1992]; (continued) 1 ENTER: For Clerk's Use Onlv MG.~-Refracked: MD J O Standard Motion Seq:'#¥ O Complex 1· see next page J.S.CJJ.H,O. PRJNT FIRM NAME SIGNATURE ATTORNEY FIRM by FOR PLAINTlFF(S) AITORNEY FIRM by FOR DEFENDANT(S) ATTORNEY FIRM by_ FOR DEFENDANT(S) ATTORNEY FIRM • by FOR DEFENDANT(S) ATTORNEY FIRM by FOR DEFENDANT(S) ... CAS-rev. 09-2014 \, [* 1] 1 of 2 INDEX NO. 531812/2021 FILED: KINGS COUNTY CLERK 08/25/2022 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 08/26/2022 PAGE 2((j~2 INDEX# 8/18/22 531812/2021 DATE- - - - - - - - -------- A Im arw a Center Mohamed PLAINTIFF ------- vs DEFENDANT -------- Born to Build LLC, 43 Misc 3d 1213 [A]. 2014 NY Slip Op 50593 (U] [Sup Ct, Nassau County 2014]). Any relief not expressly gr_anted herein, has been considered, and is denied. • The cqurt reminds the parties that they have a comp Iiance conference calendared for 10/4/22. S> 0 r. rn co ERED PAGE nff2 [* 2] 2 of 2 ...
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