Opinion
Index No. 531812/21 CAL. Nos. 42 43
08-18-2022
KHALED MOHAMED, Plaintiff(s), v. ALMARWA CENTER INC. and MOHAMED USSMAN, individually, Defendant(s)
Unpublished Opinion
PRESENT: HON. LAWRENCE KNIPEL Justice
ORDER
Lawrence S. Knipel Judge
The following papers number 1 to read on this motion Papers Numbered
Notice of Motion-Order to Show Cause and Affidavits (Affirmations) Annexed _____
Answering Affidavit (Affirmation) _____
Reply Affidavit (Affirmation) _____
Affidavit (Affirmation) _____
Pleadings-Exhibits _____
Stipulations-Minutes _____
Filed Papers _____
Plaintiffs cross-motion to compel 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-01) 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, * 1 [Sup Ct, New York County 2019]; cf. Ozen v. Ylmaz, 181 A.D.2d 666, 667 [2d Dept 1992]; Born to Build LLC, 43 Misc.3d 1213 [A], 2014 NY Slip Op 50593 [U] [Sup Ct, Nassau County 2014]), Any relief not expressly granted herein, has been considered, and is denied.
The court reminds the parties that they have a compliance conference calendared for 10/4/22.
ENTERED/SO ORDERED.