LIPPMAN v. GOODMAN (2018)

Supreme Court, Appellate Term, New York.

Roy LIPPMAN, Appellant, v. Ezra N. GOODMAN and Dean M. Roberts, Respondents.

2016-1737 Q C

Decided: July 06, 2018

PRESENT: MICHELLE WESTON, J.P., DAVID ELLIOT, BERNICE D. SIEGAL, JJ

Roy Lippman, appellant pro se. Norris McLaughlin & Marcus, P.A., for respondents (no brief filed).

ORDERED that the order is affirmed, without costs.

Plaintiff appeals from an order which denied his motion to compel discovery. CPLR 3124 states that, “[i]f a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under” article 31, “the party seeking disclosure may move to compel compliance or a response.” Here, plaintiff has not alleged, let alone demonstrated, that he served any such demand or request, and therefore the relief sought by plaintiff is not available to him.

Accordingly, the order is affirmed.

WESTON, J.P., ELLIOT and SIEGAL, JJ., concur.

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