Preview
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF FULTON
MANGINO CHEVROLET, INC.,
SUBPOENA DUCES TECUM
Plaintiff,
-against- Index No.: 07198
ERIC STARING,
Defendant.
TO: Zappone Chrysler Jeep Dodge RAM
1780 U.S. Route 9
Clifton Park, New York 12065
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, that you produce
to 450 New Karner Road, Albany, New York 12212, on or before the day of June, 2019 at
10:00 o'clock in the forenoon, true and complete copies of the following:
1. Copies of all documents, electronically stored information, employment records,
financial records and data, and other recordsrin connection with the Defendant, Eric Staring's,
employment, sale of vehicles and/or performance of services on your behalf to customers
beginning December 5, 2016, through the present.
2. Copies of all correspondence and/or other communications, including, but not
limited to, letters, e-mails and text message,.whether in hard copy or electronic format, to or from
the Defendant, Eric Staring, regarding the sale of vehicles and/or performance of services on your
behalf or to your customers beginning December 5, 2016, through the present.
3. Copies of all employment records maintained for the Defendant, Eric Staring,
including but not limited to, employment contracts and/or agreements, W-2's, returned paychecks,
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
confirmations of direct deposits of paychecks, and all other documents referencing the terms of
your employment of, and compensation paid to, the Defendant, Eric Staring.
Failure to comply with this subpoena is punishable as a contempt of Court and shall
make you liable to the person on whose behalf this subpoena was issued for a penalty not to
exceed Fifty and 00/100 ($50.00) Dollars and all damages sustained by reason of your failure
to comply.
Please take notice that compliance with this subpoena may be made by mailing to the
undersigned the items required to be produced herein, certified as complete and accurate by the
person in charge of said records, and no personal appearance to certify such item or items shall be
required unless the Court shall order otherwise.
DATED: May 16, 2019
Very truly yours,
T WNE, N & PARTNERS, P.C.
By:
Ja e . owne, Jr., Esq.
Att - for Plaintiff
P.O. Box 15072
450 New Karner Road
Albany, New York 12212-5072
Tel. No.: (518) 452-1800
cc: David M. Siegal, Esq.
Attorneys for Defendant
16 Corporate Woods Boulevard
Albany, New York 12211-2350
(518) 431-1000
2
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
From: James Zappone jimz@zapponemotors.com
Subject: FW: CONSULTING AND WARRANTY INVOICE
Date: March 19, 2018 at 12:13 PM
To: Courtney Fredette ofredette@zapponemotors.com
-----Original Message-----
From: estaring@nycap.rr.com [mailto:estaring@nycap.rr.com]
Sent: Sunday, March 18, 2018 11:03 PM
To: James Zappone
Cc: Matthew Zappone
Subject: CONSULTING AND WARRANTY INVOICE
Jim,
Please let me know you have received these invoices, as well as the address change on invoices.
Thank you,
Eric
JMR Excelerated Enterprises, LLC INVOICE
DATE: 3/18/2018
INVOICE # 2061
8 Remington Road Customer ID Z25
Guilderland, NY 12303
518457-3997
BILL TO:
ZAPPONE CJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[5elvice Fee] WARRANTY ADMINISTRATION@ $1,50D.00 PER WEEK
WEEK 03/19 - 03/24/2018 1,50D.00
SUBTOTAL $ 1,50D.00
OTHER CONNENTS TAX RATE 0.0D0%
1. Total payment due upon receipt TAX $ -
2. Please include the invoice number on your check OTFIER $ -
TOTAL $ 1,5D0.00
Make all checks payable to
takQFremiacatma Fatacn I I
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
If you have any questions about this invoice, please contact
Eric G.5taring
Thank You For Your Business!
2038Wrtex42 LLC trauke Ternplatesby Wrtex42.ccrn
Zappone CJDR
Invoice...G.xisx
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
James Zappone
From: estaring@nycap.rr.com
Sent: Sunday, March 18, 2018 11:03 PM
To: James Zappone
Cc: Matthew Zappone
Subject: CONSULTING AND WARRANTY INVOICE
Attachments: Zappone CJDR Invoice Mar, 18 2018 Warranty.pdf; Zappone CJDR Invoice Mar, 18
2018 CONSULTING.xisx
Jim,
Please let me know you have received these invoices, as well as the address change on invoices.
Thank you,
Eric
1
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
JMR Excelerated Enterprises, LLC INVOICE
DATE: 3/18/2018
INVOICE # 2061
8 Remington Road Customer ID Z25
Guilderland, NY 12303
518-857-3997
BILL TO:
ZAPPONE CJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[Service Fee] WARRANTY ADMINISTRATION @ $1,500.00 PER WEEK
WEEK 03/19 - 03/24/2018 1,500.00
SUBTOTAL $ 1,500.00
OTHER COMMENTS TAX RATE 0.000%
1. Total payment due upon receipt TAX -
$
2. Please include the invoice number on your check OTHER -
$
TOTAL $ 1,500.00
Make all checks payable to
JMR Excelerated Enterp, LLC
If you have any questions about this invoice, please contact
Eric G.Staring
Thank You For Your Business!
© 2008 Vertex42 LLC Invoice Templates by Vertex42.com
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
JMR Excelerated Enterprises, LLC INVOICE
DATE: 3/18/2018
INVOICE # 2062
8 Remington Road Customer ID Z25
Guilderland, NY 12303
518-857-3997
BILL TO:
ZAPPONE CJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[Service Fee] CONSULTING @ $1,000 PER day,Value deal at $2,500 for 3 days
03/15,16,17/2018 ERIC 2,500.00
SUBTOTAL $ 2,500.00
OTHER COMMENTS TAX RATE 0.000%
1. Total payment due upon receipt TAX -
$
OTHER -
2. Please include the invoice number on your check $
TOTAL $ 2,500.00
Make all checks payable to
JMR Excelerated Enterp, LLC
If you have any questions about this invoice, please contact
Eric G.Staring
Thank You For Your Business!
© 2008 Vertex42 LLC Invoice Templates by Vertex42.com
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
James Za. "one
From: estaring@nycap.rr.com
Sent: Wednesday, August 8, 2018 2:27 AM
To: James Zappone
Subject: WARRANTY & CONSULTING INVOICES
Attachments: Zappone CJDR Invoice Aug, 08 2018 CONSULTING.xisx; Zappone CJDR Invoice Aug.,
08 2018 Warranty.pdf
Jim,
Please let me know you received these invoices.
Thank you,
Eric
1
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
JMR Excelerated Enterprises, LLC INVOICE
DATE: 8/8/2018
INVOICE # 2252
8 Remmington Road Customer ID Z25
Guilderland, NY 12303
518-857-3997
BILL TO:
ZAPPONE CJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[Service Fee] CONSULTING @ $1,000 PER day, $3,500 for 5 days
07/31, 08/01,02,03 & 04/2018 ERIC 3,500.00
08/02/2018 DAWN 1,000.00
SUBTOTAL $ 4,500.00
OTHER COMMENTS TAX RATE 0.000%
1. Total payment due upon receipt TAX -
$
OTHER -
2. Please include the invoice number on your check $
TOTAL $ 4,500.00
Make att checks payable to
JMR Excelerated Enterp, LLC
If you have any questions about this invoice, please contact
Eric G.Staring
Thank You For Your Business!
© 2008 Vertex42 LLC Invoice Temptates by Vertex42.com
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
JMR Excelerated Enterprises, LLC INVOICE
DATE: 8/8/2018
INVOICE # 2251
8 Remmington Road Customer ID Z25
Guilderland, NY 12303
518-857-3997
BILL TO:
ZAPPONE CJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[Service Fee] WARRANTY ADMINISTRATION @ $1,500.00 PER WEEK
WEEK 08/06 - 11/2018 1,500.00
SUBTOTAL $ 1,500.00
OTHER COMMENTS TAX RATE 0.000%
1. Total payment due upon receipt TAX -
$
2. Please include the number on your check OTHER -
invoice $
TOTAL $ 1,500.00
Make all checks payable to
JMR Excelerated Enterp, LLC
If you have any questions about this invoice, please contact
Eric G.Staring
Thank You For Your Business!
o 2008 Vertex42 LLC Invoice Templates by Vertex42.com
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
From: James Zappone jimz@zapponemotors.com
Subject: FW: CONSULTING AND WARRANTY INVOICE
Date: April 5, 2018 at 4:37 PM
To: Kenneth Pelcher kpelcher@zapponemotors.com
Can we pay this
-----Original Message-----
From: estaring@nycap.rr.com [mailto:estaring@nycap.rr.com]
Sent: Wednesday, April 4, 2018 10:53 PM
To: James Zappone
Subject: CONSULTING AND WARRANTY INVOICE
Jim,
Hope you enjoyed your vacation in Florida. When you are back in the store I will update you in relation to process put in place
and changes made at the dealership.
Please let me know you have received these invoices.
Eric
JMR Excelerated Enterprises, LLC INVOICE
DATE: 4/4/2018
INVOICE # 20B2
8 Remington Road Customer ID Z25
Guilderland, NY 12303
518457-3997
BILL TO:
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[5ervice Fee] CONSULTING @ $1,000 PER day, Great Value @ $2,500 for 3 days
04/28,29, 30/2018 ERIC 2,500.0D
SUBTOTAL $ 2,50D.00
T EdiñiE TAX RATE 0.000%
1. Total paymentdue upon receipt TAX $
2. Please include the irwoice numberon your check OTHER $
TOTAL $ 2,500.00
Make all checks payable to
um swarmea+ma en+men : t o
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
If you have any questions about this invoice, please contact
Eric G.5taring
Thank You For Your Business!
© 2008Wrtex42 tLC Irwoke Ternpates ty Vertex42.corn
JMR Exceterated Enterprises, LLC INVOICE
DATE: 4/4/2018
INVOICE # 2081
8 Rernington Road Customer ID Z25
Guilderland, NY 12303
518457-3997
BILL TO:
ZAPPONE CJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[5ervice Fee] WARRANTY ADMINISTRATION @ $1,500.0D PER WEEK
WEEK 04/02 -07/2018 1,500.00
SUBTOTAL $ 1,500.00
OTHER COMMENTS TAX RATE 0.0D0%
1. Total payrnentdue upon receipt TAX $
2. Please include the invoice nurnber on your check OTHER $
TOTAL $ 1,500.00
Make all checks payable to
JMR Excelerated Enterp, LLC
If you have any questions about this invoice, please contact
Eric G.5taring
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
Thank You For Your Business!
2038Vertex42LLC twoice Ternøates by Verta42.ccen
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
From: James Zappone jimz@zapponemotors.com
Subject: Fwd: CONSULTING AND WARRANTY INVOICE
Date: April 11, 2018 at 5:11 PM
To: Courtney Fredette cfredette@zapponemotors.com
Sent from my iPhone
Jim Zappone
Zappone Chrysler Jeep Dodge Ram
Clifton Park/ Granville
Begin forwarded message:
From: James Zappone
. - Date: April 10, 2018 at 8:30:42 AM EDT
"cthompson@zapponemotors.com"
To:
Subject: Fwd: CONSULTING AND WARRANTY INVOICE
Invoices for the service people
Sent from my iPhone
Jim Zappone
Zappone Chrysler Jeep Dodge Ram
Clifton Park/ Granville
Begin forwarded message:
From:
Date: April 10, 2018 at 8:17:04 AM EDT
To: "JimZ@zapponemotors.com"
Cc: Matthew Zappone <ñgap_pone@zap_ponemotors.com>
Subject: CONSULTING AND WARRANTY INVOICE
Jim,
Please let me know you received these invoices.
I was in the store 4 days last week as reflected billing.
Thank you,
Eric
JMR Excelerated Enterprises, LLC INVOICE
DATE: 4/10/2018
INVOICE # 2091
8 Remington Road Customer ID Z25
Guilderland, NY 12303
518-857-3997
BILL TO:
ZAPPONE CJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[Service Fee] WARRANTY ADMINETRATION@ $1,500.0D PER WEEK
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
SUBTOTAL $ 1,500.00
ÖxHEREO GäÊ M M M $ TAX RATE 0.000%
1. Totat payment due upon receipt TAX $ -
2. Please include the invoice number on your check OTHER $ -
TOTAL $ 1,500.00
Make all checks payable to
JMR Excelerated Enterp, LLC
If you have any questions about this invoice, please contact
Eric G.5taring
Thank You For Your Business!
O 2038Vertex42LLC twoke Teniptatesby Vertex42.ccrn
JMR Exceterated Enterprises, LLC INVOICE
DATE: 4/10/2018
INVOICE # 2092
8 Remington Road Customer ID Z25
Guilderland, NY 12303
518-857-3997
BILL TO:
ZAPPONE CJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[5enice Fee] CONSULTING @ $1,000 PER day, Great Value @ $3,000 for 4 days
04/04, 05, 06, & 07/ 2018 ERIC 3,000.0D
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
SUBTOTAL $ 3,00D.00
ØxHÊX On Ñ TAX RATE 0.000%
1. Total paymentdue upon receipt TAX $
2. Please include the invoice number on your check OTHER $
TOTAL $ 3,000,00
Make att checks payable to
JMR Excelerated Enterp, LLC
if you have any questions about this invoice, please contact
Eric G.5taring
Thank Ya For YSr Business!
© 2(08 Vertend2LLC kraice Ternpates try Vertes.42.ccrn
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
From: James Zappone jimz@zapponemotors.com
Subject: Fwd: WARRANTY & CONSULTING INVOICES
Date: April 16, 2018 at 10:13 AM
To: Courtney Fredette cfredette@zapponemotors.com
Begin forwarded message:
From:
Subject: WARRANTY & CONSULTING INVOICES
Date: April 16, 2018 at 10:04:53 AM EDT
To: "JimZ@zapponemotors.com"
Cc: Matthew Zappone
Jim,
Please let me know you received these invoices. Let me know if you have a problem opening the invoices, I have new
software.
Thank you,
Eric
JMR Exceterated Enterprises, LLC INVOICE
DATE: 4/16/2018
INVOICE # 2102
8 Remington Road Customer ID Z25
Guilderland, NY 12303
518457.3997
ZAPPONECJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518 -383-22T1
[5ervice Fee] CONSULTING @ $1,000 PER day, Vatue Package @ $3,0DD for 4 days
04/ 11, 12, 13, lit 14/ 2018 ERIC 3,000.00
SUBT0rAL $ 3,00D.00
OTHER COMMENTS TAX RATE 0.000%
1. Total payment due upon receipt TAX $ -
2. Please include the invoice number on your check 01NER $ -
TOTAL S 3,000.00
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
Make att checks payable to
JMR Excelerated Enterp, LLC
If you have any questions about this invoice, please contact
Eric G.5taring
Thank You For Your Business!
© 200BWrtex42 LLC ty.uke Ternptatesby Wrte£42.ccen
JMR Exceterated Enterprises, LLC INVOICE
DATE: 4/16/2018
INVOICE # 2101
8 Remington Road Customer ID Z25
Guilderland, NY 12303
518457-3997
BILL TO
ZAPPONECJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[5ervice Fee] WARRANTY ADMINISTRATION @ $1,500.0D PER WEEK
WEEK 04/16 - 21/2018 1,50D.00
SUBTOTAL 1,50D.0D
OTHER COMMENTS TAX RATE 0.000%
1. Total payment due upon receipt TAX $
2. Please include the invoice number on your check OTHER $
TOTAL $ 1,500.00
Make att checks payable to
. . . . JMR Excelerated Enterp, LLC
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
If you have any questions about this invoice, please contact
Eric G.Staring
Thank You For Your Business!
208 Vertex42LLC knoke Ternpates ty Vertex42.ccen
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
From: James Zappone jimz@zapponemotors.com
Subject: Fwd: WARRANTY & CONSULTING INVOICES
... - Date: May 22, 2018 at 8:15 PM
To: Courtney Fredette cfredette@zapponemotors.com
Court Eric's bill I'll print in am
James Zappone
Zappone Chrysler Jeep Dodge
Clifton Park/ Granville
Begin forwarded message:
From:
__ Date: May 22, 2018 at 6:48:31 PM EDT
"JimZ@zapponemotors.com"
To:
Cc: Matthew Zappone
Subject: WARRANTY & CONSULTING INVOICES
Jim,
Please let me know you received these invoices.
Thank you,
Eric
JMR Exceterated Enterprises, LLC INVOICE
DATE: 5/22/2018
INVOICE # 2151
8 Remmington Road Customer ID 225
Guilderland, NY 12303
518457-3997
BILL TO:
ZAPPONECJDR
1780 ROUTE 9
CLIFTON PARK, NY 12065
518-383-2277
[5ervice Fee] WARRANTY ADMINISTRATION @ $1,500.00 PER WEEK
WEEK 05/21 - 26/2018 1,500.00
SUBTOTAL $ 1,50D.00
OTHER CONNENTS TAX RATE 0.000%
FILED: FULTON COUNTY CLERK 04/25/2024 10:36 AM INDEX NO. EF2019-07198
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 04/25/2024
2. Please include the invoice nurnber on your check OTHER $
TOTAL $ 1,500.00
Make all checks payable to
JMR Excelerated Enterp, LLC