Preview
FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020
NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------X
OPERA HOUSE LOFTS LLC, : Index No.: 507079/2020
:
Plaintiff-Landlord, :
: NOTICE OF DISCOVERY
- against - : AND INSPECTION
:
CHRISTOPHER CARNAHAN, ET AL., :
:
Defendants. :
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C O U N S E L:
PLEASE TAKE NOTICE, that defendants RYAN SHOLLENBERGER (Unit
105), CELINA VICIOSO (Unit 107), MICHAEL CHESBRO (Unit 108), PIYA MALIK (Unit 111),
LAURA NEWMAN (Unit 113), DIANA OSORIO (Unit 114), KELSEY FAIRHURST and
BRYANT WELLS (Unit 115), SHANNON LUMPKIN (Unit 116), JESSICA MÜLLER a/k/a
JESSICA MILLER (Unit 206), GAVIN KOEPKE and SARA LABRIOLA (Unit 209), JEWEL
PAULA SMITH, JORDAN SMITH and HELLEN SMITH a/k/a SHARAHYA CARTER (Unit
210), HECTOR MARCEL a/k/a HECTOR MALACARIA (Unit 211), DANIEL MCINERERY,
RICHARD EINHORN, ARI FINKEL and MICHAEL RALSTON (Unit 212), RYAN
SCHWEIZTER and MOLLY WYPYSKI (Unit 213), SYLVIE WISE (Unit 214), KENDALL
PAYNE (Unit 301), MUTAURWA MAPONDERA (Unit 302), SUBANITA SUWAN (Unit 305),
CASEY-LEIGH JORDAN a/k/a CASSANDRA L. EMMETT (Unit 306), ALEX REGEN a/k/a
ALEX REGEN (Unit 309), BETHANY REEVES (Unit 315), JAKA VINSEK (Unit 401),
CAROLINE SILVERMAN and WILLIAM KLIMPERT (Unit 402), BETH MORGAN and DAVID
RICHTER (Unit 403), DAVID CALL (Unit 405), RICHARD MAGUIRE (Unit 406), DANA
CATALDO (Unit 410), CHELSEA SPENCER and JOHANNES STAUDT (Unit 413), JOSH
REAMES and AMBER RENAYE (Unit 414), and ZACHARY PLESS (Unit 415) (collectively,
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“Defendants”) hereby demand that plaintiff OPERA HOUSE LOFTS LLC (“Plaintiff”) produce the
following documents described herein for inspection and copying at the office of WEEN & KOZEK,
PLLC, 20 Jay Street, Suite 814, Brooklyn, New York 11201 on July 1, 2022 at 10:00 a.m.
PLEASE TAKE FURTHER NOTICE that, in lieu of such inspection, the
documents may be forwarded to this office prior to the return date of this notice.
INSTRUCTIONS AND DEFINITIONS
The term “Owner” shall refer to Arion Enterprises, LLC, including, without limitation,
any officer, director, principal, agent and/or employee of Arion Enterprises, LLC.
The term “Lessee” shall refer to Opera House Lofts, LLC, including, without
limitation, any officer, director, principal, agent and/or employee of Opera House Lofts, LLC.
The term “Managing Agents” shall refer to any of Arion Enterprises, LLC’s managing
agents and/or Opera House Lofts, LLC’s managing agents, including, without limitation, any officer,
director, principal, agent and/or employee of any of Arion Enterprises, LLC’s managing agents and/or
Opera House Lofts, LLC’s managing agents.
The term “Building” shall refer to the building known as and located at 11-27 Arion
Place, Brooklyn, New York 11206, Tax Block/Lot: 3136/40.
The term “Units” shall collectively refer to Units 105, 107, 108, 111, 113, 114, 115,
116, 206, 209, 210, 211, 212, 213, 214, 301, 302, 305, 306, 309, 315, 401, 402, 403, 405, 406, 410, 413,
414 and 415 in the Building.
The term “Adjacent Lot” refer to the lot located at 9 Arion Place, Brooklyn, New
York 11206, Tax Block/Lot: 3136/48.
The terms “all” and “each” shall be construed as all and each.
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The connectives “and” and “or” shall be construed conjunctively or disjunctively as
necessary in order to bring within the scope of the requests allresponses that might otherwise be
construed as outside of its scope.
The term “concerning” shall mean relating to, referring to, describing, evidencing,
reflecting, or constituting.
The terms “you,” “your,” or “yourself” shall refer to the party to whom the following
requests are addressed, including, without limitation, itsagents, representatives, officers, directors,
and/or employees.
The term “person” shall refer to natural persons, firms, proprietorships, associations,
partnerships, corporations, and/or any other type of organization and/or entity.
The terms “referring to,” “reflecting” or “relating to,” in addition to their ordinary
meanings, shall also mean the following: concerning, discussing, mentioning, comprising, consisting
of, evaluating or analyzing, in whole or in part, directly and/or indirectly.
The term “identify” means when used in reference to:
A. A document, to state separately the following: (i)its description (e.g.,letter,
report, memorandum, etc.); (ii) its date; (iii) its subject matter; (iv) the identity of each author or signor;
and, (v) its present location and the identity of its custodian;
B. An oral statement, communication, conference or conversation, to state
separately the following: (i) its date and the place where it occurred; (ii) its substance; (iii) the identity
of each person participating in the communication or conversation; and, (iv) the identity of all notes,
memoranda, or other documents memorializing, referring to, or relating to the subject matter of the
statement;
C. A natural person or persons, to state separately the following: (i) the full name
of each such person; (ii) his or her present, or last known, business address and his or her present, or
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last known, residential address; and, (iii) the employer of the person at the time to which the
interrogatory answer is directed and the person’s title or position at that time; and,
D. An organization or entity other than a natural person (e.g., a company, a
corporation, firm, association, or partnership), to state separately the following: (i) the full name and
type of organization or entity; (ii) the date and state of organization or incorporation; (iii) the address
of each of its principal places of business; and, (iv) the nature of the business conducted.
The terms “document” or “documents” means any written, typed, printed, recorded
or graphic matter, however produced or reproduced, of any type or description, regardless or origin
or location, including, without limitation, the following: all correspondence, drawings, floor plans, blue
prints, estimates, records, tables, charts, analysis, graphs, schedules, reports, memoranda, notes, lists,
calendar and diary entries, letters (sent or received), telegrams, telexes, messages (including, but not
limited to reports of telephone conversations and conferences), studies, books, periodicals, magazines,
booklets, circulars, bulletins, instructions, papers, files, minutes, or other communications (including,
but not limited to, inter and intra office communications), contracts, memoranda or agreements,
assignments, licenses, ledgers, books of account, orders, invoices, statements, bills, checks, cancelled
checks, vouchers, notebooks, receipts, acknowledgements, data processing cards, computer generated
matter, photographs, photographic negatives, phonograph records, tape recordings, wire recordings,
other mechanical recordings, transcripts or logs of any such recordings, all other data compilations
from which information can be obtained, or translated if necessary, and any other tangible thing of a
similar nature.
Each request to identify or produce a document or documents shall be deemed to call
for the identification or production of the original document or documents to the extent that they are
in or subject to, directly or indirectly, the control of the party to whom these interrogatories are
addressed. In addition, each request should be considered as including a request for separate
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identification or production of all copies and, to the extent applicable, preliminary drafts of documents
that differ in any respect from the original or final draft or from each other (e.g., by reason of
differences in form or content or by reason of handwritten notes or comments having been added to
one copy of a document but not on the original or other copies thereof).
The singular shall be deemed to include the plural and vice versa. The feminine shall
be deemed to include the masculine and vice versa. The word “and” shall be deemed to include the
disjunctive “or” and vice versa.
Documents produced pursuant to these requests shall be segregated, organized or
labeled so as to identify the individual requests to which they are responsive.
If there is an objection to any document request in whole or in part, describe the part
of the document request to which there is an objection and set forth the basis for the objection,
including any claim of privilege or other claim or immunity from disclosure, in sufficient detail, so as
to permit the adjudication of the validity of the objection.
These requests shall be deemed continuing so as to require supplemental responses if
further information is obtained through and including the time of trial.
DOCUMENT REQUESTS
1. All architectural plans, drawings, designs, schematic representations and/or any other
diagrams relating to New York City Department of Buildings (“DOB”) Job No. 301247327.
2. All alteration applications, permit applications, permits, signoffs and/or any other
filings relating to DOB Job No. 301247327.
3. All contracts and/or other agreements by and/or between Owner, Lessee and/or
Managing Agents and any vendor, employee, agent, contractor, subcontractor, electrician, plumber,
consultant, architect, engineer and/or any other individual relating to DOB Job No. 301247327.
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4. All correspondence, including, but not limited to text message and/or electronic mail
correspondence, by and/or between Owner, Lessee and/or Managing Agents and any vendor,
employee, agent, contractor, subcontractor, electrician, plumber, consultant, architect, engineer
and/or any other individual relating to DOB Job No. 301247327.
5. All invoices from any vendor, employee, agent, contractor, subcontractor, electrician,
plumber, consultant, architect, engineer and/or any other individual relating to DOB Job No.
301247327.
6. All checks, cancelled checks, bank statements, receipt books, notebooks, memoranda,
electronic records and/or any other document or record from any source evidencing payment of
monies relating to DOB Job No. 301247327.
7. To the extent not provided in response to the above requests, all documents
concerning DOB Job No. 301247327.
8. All architectural plans, drawings, designs, schematic representations and/or any other
diagrams relating to DOB Job No. 322033624.
9. All alteration applications, permit applications, permits, signoffs and/or any other
filings relating to DOB Job No. 322033624.
10. All contracts and/or other agreements by and/or between Owner, Lessee and/or
Managing Agents and any vendor, employee, agent, contractor, subcontractor, electrician, plumber,
consultant, architect, engineer and/or any other individual relating to DOB Job No. 322033624.
11. All correspondence, including, but not limited to text message and/or electronic mail
correspondence, by and/or between Owner, Lessee and/or Managing Agents and any vendor,
employee, agent, contractor, subcontractor, electrician, plumber, consultant, architect, engineer
and/or any other individual relating to DOB Job No. 322033624.
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12. All invoices from any vendor, employee, agent, contractor, subcontractor, electrician,
plumber, consultant, architect, engineer and/or any other individual relating to DOB Job No.
322033624.
13. All checks, cancelled checks, bank statements, receipt books, notebooks, memoranda,
electronic records and/or any other document or record from any source evidencing payment of
monies relating to DOB Job No. 322033624.
14. To the extent not provided in response to the above requests, all documents
concerning DOB Job No. 322033624.
15. All leases, subleases, lease renewals, lease extensions and/or any other rental
agreements by and/or between Owner, Lessee and/or Managing Agents and any individual
concerning any of the Units in effect at any time from January 1, 2020 through the present.
16. All rent histories, rent summaries, rent records, ledgers, receipt books, invoices,
notebooks, memoranda, electronic records and/or other documentation relating to and/or evidencing
the accrual of rent and/or use and occupancy for the Units from January 1, 2020 through the present.
17. All checks, bank records, receipts, rent histories, rent records, ledgers, receipt books,
invoices, notebooks, memoranda, electronic records and/or other documentation relating to and/or
evidencing the accrual of rent and/or use and occupancy for the Units from January 1, 2020 through
the present.
18. All complaints and/or other correspondence received by Owner, Lessee and/or
Managing Agents from any individual residing in any of the Units relating to maintenance, repair
and/or cleaning of the Building and/or the Units from January 1, 2020 through the present.
19. All responses by Owner, Lessee and/or Managing Agents to complaints and/or other
correspondence received from any individual residing in any of the Units relating to the maintenance,
repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present.
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20. All correspondence by and between Owner, Lessee and/or Managing Agents
concerning the maintenance, repair and/or cleaning of the Building and/or the Units from January 1,
2020 through the present.
21. All contracts and/or other agreements by and/or between Owner, Lessee and/or
Managing Agents and any vendor, employee, agent, contractor, subcontractor and/or any other
individual concerning the maintenance, repair and/or cleaning of the Building and/or the Units from
January 1, 2020 through the present.
22. All correspondence, including, but not limited to text message and/or electronic mail
correspondence, by and/or between Owner, Lessee and/or Managing Agents and any vendor,
employee, agent, contractor, subcontractor and/or any other individual concerning the maintenance,
repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present.
23. All invoices from any vendor, employee, agent, contractor, subcontractor and/or any
other individual concerning the maintenance, repair and/or cleaning of the Building and/or the Units
from January 1, 2020 through the present.
24. All checks, cancelled checks, bank statements, receipt books, notebooks, memoranda,
electronic records and/or other document or record from any source evidencing payment of monies
for the maintenance, repair and/or cleaning of the Building and/or the Units from January 1, 2020
through the present.
25. All documentation, correspondence and/or other records relating to any inspections
of and/or visits to the Building and/or the Units by and/or on behalf of Owner, Lessee and/or
Managing Agents from January 1, 2020 through the present.
26. All photographs and/or videos depicting the Building and/or the Units from January
1, 2020 through the present.
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27. All notices and/or violations issued by any agency of the City of New York or the
State of New York concerning the Building and/or the Units from January 1, 2020 through the
present.
28. All responses by Plaintiff, Lessee and/or Managing Agents to any notices and/or
violations issued by any agency of the City of New York or the State of New York concerning the
Building and/or the Units from January 1, 2020 through the present.
29. All notices and/or other correspondence received from any agency of the City of New
York or the State of New York concerning any applications to the Emergency Rental Assistance
Program (“ERAP”) and/or the Landlord Rental Assistance Program (“LRAP”) in connection with
any of the Units from January 1, 2020 through the present.
30. All responses by Plaintiff, Lessee and/or Managing Agents to any notices and/or other
correspondence from any agency of the City of New York or the State of New York concerning any
applications to ERAP and/or LRAP in connection with any of the Units from January 1, 2020 through
the present.
31. To the extent not provided in response to the above demands, alldocumentation
relating to any ERAP and/or LRAP applications in connection with any of the Units from January 1,
2020 through the present.
32. All documents concerning Plaintiff’s affirmative defense of “waiver,” as alleged in
paragraph 18 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022.
33. All documents concerning Plaintiff’s affirmative defense of “laches,” as alleged in
paragraph 18 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022.
34. All documents concerning Plaintiff’s affirmative defense of “equitable estoppel,” as
alleged in paragraph 18 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March
1, 2022.
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35. All documents concerning Plaintiff’s affirmative defense of “bar[], in whole and/or in
part, because of Defendants’ breaches of contractual duties owed to Plaintiff” as alleged in paragraph
19 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022.
36. All documents concerning Plaintiff’s affirmative defense of “unclean hands,” as
alleged in paragraph 20 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March
1, 2022.
37. All documents concerning Plaintiff’s affirmative defense of “bar[] by Defendants’
failure to satisfy one or more conditions precedent,” as alleged in paragraph 21 of the Verified Reply
to Affirmative Defenses & Counterclaims, dated March 1, 2022.
38. All documents concerning Plaintiff’s affirmative defense that “[a]ny performance
alleged by Defendants required to be performed by Plaintiff was prevented or impeded by Defendants’
acts or omissions,” as alleged in paragraph 22 of the Verified Reply to Affirmative Defenses &
Counterclaims, dated March 1, 2022.
39. All documents concerning Plaintiff’s affirmative defense of “set off,” as alleged in
paragraph 23 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022.
40. Any and all other documentation, records and/or correspondence that Plaintiff
intends to rely upon at trial in this action.
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Dated: Brooklyn, New York
June 10, 2022
Yours, etc.,
WEEN & KOZEK, PLLC
Attorneys for Defendants
20 Jay Street, Suite 814
Brooklyn, New York 11201
(212) 964-1822
By: ____________________________
Andrew D. Cassady
acassady@weenkozek.com
To: KUCKER MARINO WINIARSKY & BITTENS LLP
Attorneys for Plaintiff
747 Third Avenue, 12th Floor
New York, New York 10017
(212) 869-5030
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Preview
FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------X OPERA HOUSE LOFTS LLC, : Index No.: 507079/2020 : Plaintiff-Landlord, : : NOTICE OF DISCOVERY - against - : AND INSPECTION : CHRISTOPHER CARNAHAN, ET AL., : : Defendants. : ------------------------------------------------------------------------X C O U N S E L: PLEASE TAKE NOTICE, that defendants RYAN SHOLLENBERGER (Unit 105), CELINA VICIOSO (Unit 107), MICHAEL CHESBRO (Unit 108), PIYA MALIK (Unit 111), LAURA NEWMAN (Unit 113), DIANA OSORIO (Unit 114), KELSEY FAIRHURST and BRYANT WELLS (Unit 115), SHANNON LUMPKIN (Unit 116), JESSICA MÜLLER a/k/a JESSICA MILLER (Unit 206), GAVIN KOEPKE and SARA LABRIOLA (Unit 209), JEWEL PAULA SMITH, JORDAN SMITH and HELLEN SMITH a/k/a SHARAHYA CARTER (Unit 210), HECTOR MARCEL a/k/a HECTOR MALACARIA (Unit 211), DANIEL MCINERERY, RICHARD EINHORN, ARI FINKEL and MICHAEL RALSTON (Unit 212), RYAN SCHWEIZTER and MOLLY WYPYSKI (Unit 213), SYLVIE WISE (Unit 214), KENDALL PAYNE (Unit 301), MUTAURWA MAPONDERA (Unit 302), SUBANITA SUWAN (Unit 305), CASEY-LEIGH JORDAN a/k/a CASSANDRA L. EMMETT (Unit 306), ALEX REGEN a/k/a ALEX REGEN (Unit 309), BETHANY REEVES (Unit 315), JAKA VINSEK (Unit 401), CAROLINE SILVERMAN and WILLIAM KLIMPERT (Unit 402), BETH MORGAN and DAVID RICHTER (Unit 403), DAVID CALL (Unit 405), RICHARD MAGUIRE (Unit 406), DANA CATALDO (Unit 410), CHELSEA SPENCER and JOHANNES STAUDT (Unit 413), JOSH REAMES and AMBER RENAYE (Unit 414), and ZACHARY PLESS (Unit 415) (collectively, 1 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 “Defendants”) hereby demand that plaintiff OPERA HOUSE LOFTS LLC (“Plaintiff”) produce the following documents described herein for inspection and copying at the office of WEEN & KOZEK, PLLC, 20 Jay Street, Suite 814, Brooklyn, New York 11201 on July 1, 2022 at 10:00 a.m. PLEASE TAKE FURTHER NOTICE that, in lieu of such inspection, the documents may be forwarded to this office prior to the return date of this notice. INSTRUCTIONS AND DEFINITIONS The term “Owner” shall refer to Arion Enterprises, LLC, including, without limitation, any officer, director, principal, agent and/or employee of Arion Enterprises, LLC. The term “Lessee” shall refer to Opera House Lofts, LLC, including, without limitation, any officer, director, principal, agent and/or employee of Opera House Lofts, LLC. The term “Managing Agents” shall refer to any of Arion Enterprises, LLC’s managing agents and/or Opera House Lofts, LLC’s managing agents, including, without limitation, any officer, director, principal, agent and/or employee of any of Arion Enterprises, LLC’s managing agents and/or Opera House Lofts, LLC’s managing agents. The term “Building” shall refer to the building known as and located at 11-27 Arion Place, Brooklyn, New York 11206, Tax Block/Lot: 3136/40. The term “Units” shall collectively refer to Units 105, 107, 108, 111, 113, 114, 115, 116, 206, 209, 210, 211, 212, 213, 214, 301, 302, 305, 306, 309, 315, 401, 402, 403, 405, 406, 410, 413, 414 and 415 in the Building. The term “Adjacent Lot” refer to the lot located at 9 Arion Place, Brooklyn, New York 11206, Tax Block/Lot: 3136/48. The terms “all” and “each” shall be construed as all and each. 4 2 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 The connectives “and” and “or” shall be construed conjunctively or disjunctively as necessary in order to bring within the scope of the requests allresponses that might otherwise be construed as outside of its scope. The term “concerning” shall mean relating to, referring to, describing, evidencing, reflecting, or constituting. The terms “you,” “your,” or “yourself” shall refer to the party to whom the following requests are addressed, including, without limitation, itsagents, representatives, officers, directors, and/or employees. The term “person” shall refer to natural persons, firms, proprietorships, associations, partnerships, corporations, and/or any other type of organization and/or entity. The terms “referring to,” “reflecting” or “relating to,” in addition to their ordinary meanings, shall also mean the following: concerning, discussing, mentioning, comprising, consisting of, evaluating or analyzing, in whole or in part, directly and/or indirectly. The term “identify” means when used in reference to: A. A document, to state separately the following: (i)its description (e.g.,letter, report, memorandum, etc.); (ii) its date; (iii) its subject matter; (iv) the identity of each author or signor; and, (v) its present location and the identity of its custodian; B. An oral statement, communication, conference or conversation, to state separately the following: (i) its date and the place where it occurred; (ii) its substance; (iii) the identity of each person participating in the communication or conversation; and, (iv) the identity of all notes, memoranda, or other documents memorializing, referring to, or relating to the subject matter of the statement; C. A natural person or persons, to state separately the following: (i) the full name of each such person; (ii) his or her present, or last known, business address and his or her present, or 5 3 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 last known, residential address; and, (iii) the employer of the person at the time to which the interrogatory answer is directed and the person’s title or position at that time; and, D. An organization or entity other than a natural person (e.g., a company, a corporation, firm, association, or partnership), to state separately the following: (i) the full name and type of organization or entity; (ii) the date and state of organization or incorporation; (iii) the address of each of its principal places of business; and, (iv) the nature of the business conducted. The terms “document” or “documents” means any written, typed, printed, recorded or graphic matter, however produced or reproduced, of any type or description, regardless or origin or location, including, without limitation, the following: all correspondence, drawings, floor plans, blue prints, estimates, records, tables, charts, analysis, graphs, schedules, reports, memoranda, notes, lists, calendar and diary entries, letters (sent or received), telegrams, telexes, messages (including, but not limited to reports of telephone conversations and conferences), studies, books, periodicals, magazines, booklets, circulars, bulletins, instructions, papers, files, minutes, or other communications (including, but not limited to, inter and intra office communications), contracts, memoranda or agreements, assignments, licenses, ledgers, books of account, orders, invoices, statements, bills, checks, cancelled checks, vouchers, notebooks, receipts, acknowledgements, data processing cards, computer generated matter, photographs, photographic negatives, phonograph records, tape recordings, wire recordings, other mechanical recordings, transcripts or logs of any such recordings, all other data compilations from which information can be obtained, or translated if necessary, and any other tangible thing of a similar nature. Each request to identify or produce a document or documents shall be deemed to call for the identification or production of the original document or documents to the extent that they are in or subject to, directly or indirectly, the control of the party to whom these interrogatories are addressed. In addition, each request should be considered as including a request for separate 6 4 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 identification or production of all copies and, to the extent applicable, preliminary drafts of documents that differ in any respect from the original or final draft or from each other (e.g., by reason of differences in form or content or by reason of handwritten notes or comments having been added to one copy of a document but not on the original or other copies thereof). The singular shall be deemed to include the plural and vice versa. The feminine shall be deemed to include the masculine and vice versa. The word “and” shall be deemed to include the disjunctive “or” and vice versa. Documents produced pursuant to these requests shall be segregated, organized or labeled so as to identify the individual requests to which they are responsive. If there is an objection to any document request in whole or in part, describe the part of the document request to which there is an objection and set forth the basis for the objection, including any claim of privilege or other claim or immunity from disclosure, in sufficient detail, so as to permit the adjudication of the validity of the objection. These requests shall be deemed continuing so as to require supplemental responses if further information is obtained through and including the time of trial. DOCUMENT REQUESTS 1. All architectural plans, drawings, designs, schematic representations and/or any other diagrams relating to New York City Department of Buildings (“DOB”) Job No. 301247327. 2. All alteration applications, permit applications, permits, signoffs and/or any other filings relating to DOB Job No. 301247327. 3. All contracts and/or other agreements by and/or between Owner, Lessee and/or Managing Agents and any vendor, employee, agent, contractor, subcontractor, electrician, plumber, consultant, architect, engineer and/or any other individual relating to DOB Job No. 301247327. 7 5 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 4. All correspondence, including, but not limited to text message and/or electronic mail correspondence, by and/or between Owner, Lessee and/or Managing Agents and any vendor, employee, agent, contractor, subcontractor, electrician, plumber, consultant, architect, engineer and/or any other individual relating to DOB Job No. 301247327. 5. All invoices from any vendor, employee, agent, contractor, subcontractor, electrician, plumber, consultant, architect, engineer and/or any other individual relating to DOB Job No. 301247327. 6. All checks, cancelled checks, bank statements, receipt books, notebooks, memoranda, electronic records and/or any other document or record from any source evidencing payment of monies relating to DOB Job No. 301247327. 7. To the extent not provided in response to the above requests, all documents concerning DOB Job No. 301247327. 8. All architectural plans, drawings, designs, schematic representations and/or any other diagrams relating to DOB Job No. 322033624. 9. All alteration applications, permit applications, permits, signoffs and/or any other filings relating to DOB Job No. 322033624. 10. All contracts and/or other agreements by and/or between Owner, Lessee and/or Managing Agents and any vendor, employee, agent, contractor, subcontractor, electrician, plumber, consultant, architect, engineer and/or any other individual relating to DOB Job No. 322033624. 11. All correspondence, including, but not limited to text message and/or electronic mail correspondence, by and/or between Owner, Lessee and/or Managing Agents and any vendor, employee, agent, contractor, subcontractor, electrician, plumber, consultant, architect, engineer and/or any other individual relating to DOB Job No. 322033624. 8 6 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 12. All invoices from any vendor, employee, agent, contractor, subcontractor, electrician, plumber, consultant, architect, engineer and/or any other individual relating to DOB Job No. 322033624. 13. All checks, cancelled checks, bank statements, receipt books, notebooks, memoranda, electronic records and/or any other document or record from any source evidencing payment of monies relating to DOB Job No. 322033624. 14. To the extent not provided in response to the above requests, all documents concerning DOB Job No. 322033624. 15. All leases, subleases, lease renewals, lease extensions and/or any other rental agreements by and/or between Owner, Lessee and/or Managing Agents and any individual concerning any of the Units in effect at any time from January 1, 2020 through the present. 16. All rent histories, rent summaries, rent records, ledgers, receipt books, invoices, notebooks, memoranda, electronic records and/or other documentation relating to and/or evidencing the accrual of rent and/or use and occupancy for the Units from January 1, 2020 through the present. 17. All checks, bank records, receipts, rent histories, rent records, ledgers, receipt books, invoices, notebooks, memoranda, electronic records and/or other documentation relating to and/or evidencing the accrual of rent and/or use and occupancy for the Units from January 1, 2020 through the present. 18. All complaints and/or other correspondence received by Owner, Lessee and/or Managing Agents from any individual residing in any of the Units relating to maintenance, repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present. 19. All responses by Owner, Lessee and/or Managing Agents to complaints and/or other correspondence received from any individual residing in any of the Units relating to the maintenance, repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present. 9 7 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 20. All correspondence by and between Owner, Lessee and/or Managing Agents concerning the maintenance, repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present. 21. All contracts and/or other agreements by and/or between Owner, Lessee and/or Managing Agents and any vendor, employee, agent, contractor, subcontractor and/or any other individual concerning the maintenance, repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present. 22. All correspondence, including, but not limited to text message and/or electronic mail correspondence, by and/or between Owner, Lessee and/or Managing Agents and any vendor, employee, agent, contractor, subcontractor and/or any other individual concerning the maintenance, repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present. 23. All invoices from any vendor, employee, agent, contractor, subcontractor and/or any other individual concerning the maintenance, repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present. 24. All checks, cancelled checks, bank statements, receipt books, notebooks, memoranda, electronic records and/or other document or record from any source evidencing payment of monies for the maintenance, repair and/or cleaning of the Building and/or the Units from January 1, 2020 through the present. 25. All documentation, correspondence and/or other records relating to any inspections of and/or visits to the Building and/or the Units by and/or on behalf of Owner, Lessee and/or Managing Agents from January 1, 2020 through the present. 26. All photographs and/or videos depicting the Building and/or the Units from January 1, 2020 through the present. 10 8 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 27. All notices and/or violations issued by any agency of the City of New York or the State of New York concerning the Building and/or the Units from January 1, 2020 through the present. 28. All responses by Plaintiff, Lessee and/or Managing Agents to any notices and/or violations issued by any agency of the City of New York or the State of New York concerning the Building and/or the Units from January 1, 2020 through the present. 29. All notices and/or other correspondence received from any agency of the City of New York or the State of New York concerning any applications to the Emergency Rental Assistance Program (“ERAP”) and/or the Landlord Rental Assistance Program (“LRAP”) in connection with any of the Units from January 1, 2020 through the present. 30. All responses by Plaintiff, Lessee and/or Managing Agents to any notices and/or other correspondence from any agency of the City of New York or the State of New York concerning any applications to ERAP and/or LRAP in connection with any of the Units from January 1, 2020 through the present. 31. To the extent not provided in response to the above demands, alldocumentation relating to any ERAP and/or LRAP applications in connection with any of the Units from January 1, 2020 through the present. 32. All documents concerning Plaintiff’s affirmative defense of “waiver,” as alleged in paragraph 18 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022. 33. All documents concerning Plaintiff’s affirmative defense of “laches,” as alleged in paragraph 18 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022. 34. All documents concerning Plaintiff’s affirmative defense of “equitable estoppel,” as alleged in paragraph 18 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022. 11 9 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 35. All documents concerning Plaintiff’s affirmative defense of “bar[], in whole and/or in part, because of Defendants’ breaches of contractual duties owed to Plaintiff” as alleged in paragraph 19 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022. 36. All documents concerning Plaintiff’s affirmative defense of “unclean hands,” as alleged in paragraph 20 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022. 37. All documents concerning Plaintiff’s affirmative defense of “bar[] by Defendants’ failure to satisfy one or more conditions precedent,” as alleged in paragraph 21 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022. 38. All documents concerning Plaintiff’s affirmative defense that “[a]ny performance alleged by Defendants required to be performed by Plaintiff was prevented or impeded by Defendants’ acts or omissions,” as alleged in paragraph 22 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022. 39. All documents concerning Plaintiff’s affirmative defense of “set off,” as alleged in paragraph 23 of the Verified Reply to Affirmative Defenses & Counterclaims, dated March 1, 2022. 40. Any and all other documentation, records and/or correspondence that Plaintiff intends to rely upon at trial in this action. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 10 of 11 FILED: KINGS COUNTY CLERK 06/10/2022 02:23 PM INDEX NO. 507079/2020 NYSCEF DOC. NO. 309 RECEIVED NYSCEF: 06/10/2022 Dated: Brooklyn, New York June 10, 2022 Yours, etc., WEEN & KOZEK, PLLC Attorneys for Defendants 20 Jay Street, Suite 814 Brooklyn, New York 11201 (212) 964-1822 By: ____________________________ Andrew D. Cassady acassady@weenkozek.com To: KUCKER MARINO WINIARSKY & BITTENS LLP Attorneys for Plaintiff 747 Third Avenue, 12th Floor New York, New York 10017 (212) 869-5030 13 11 of 11