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Wo Yee Hing Realty, Corp. v. Stern

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 8, 2010

WO YEE HING REALTY, CORP., ET AL., PLAINTIFFS-RESPONDENTS,
v.
HOWARD STERN, ESQ., DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Debra A. James, J.), entered April 8, 2009, which, to the extent appealable, denied defendant's motion to renew his prior motion to compel the deposition of plaintiff Chun Yee Yung, a/k/a Sunny Yung, unanimously affirmed, with costs.

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P. J., Sweeny, Richter, Abdus-Salaam, RomÁn, JJ.

115517/07

Having deposed two of the corporate plaintiff's three principals, defendant failed to make the requisite "detailed showing" of the necessity of taking the additional deposition of Sunny Yung (see Alexopoulos v Metropolitan Transp. Auth., 37 AD3d 232 [2007]; Tolliver v New York City Housing Auth., 225 AD2d 412 [1996]; Colicchio v City of New York, 181 AD2d 528 [1992]). Despite his own presence during the discussions concerning the subject real estate transaction, defendant failed to refute the deposed principals' testimony that Sunny Yung attended the closing only as an observer and was not involved in the transaction.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100608

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