On October 04, 2013 a
Exhibit,Appendix
was filed
involving a dispute between
Albert Perez
Individually And Derivatively On Behalf Of Total Computer Software Llc,
and
John Doe Corporation,
Total Computer Group, Llc,
Total Computers, Ltd.,
Total Computer Software Llc,
Total Computer Systems, Ltd.
D B A Total Computer Group,
Vincent Tedesco,
for Commercial Division
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 04/25/2019 12:07 AM INDEX NO. 063193/2013
NYSCEF DOC. NO. 282 RECEIVED NYSCEF: 04/25/2019
From: Timothy McEnaney
To: Steven Losquadro
Cc: Theodore D. Sklar; Michael Johnson; Jessica Supernaw
Subject: Re: Appointment of forensic accountant
Date: Monday, July 11, 2016 12:47:40 PM
Hello Steve,
Your letter omits several important points.
As I remarked during both the discussion before his Honor, and again during our discussion
with Mr. Sklar, I do not see the value of appointing anyone to review financial records unless
and until those records can be authenticated.
I did not agree with you that "there was no downside" to having such an analysis performed,
given the high expense of doing so, and given my firm belief that the defendants would not
agree to any findings made in this (unbinding) scenario were they to come back unfavorable to
them.
As such, while we remain open to discussing the issue in the future, we will not consider
taking any further steps with respect to your proposal until after we have received a decision
from Mr. Sklar.
Best regards,
Timothy McEnaney, Esq.
O: 516.767.6666Â Â
C: 631.383.1883Â Â Â
14 Vanderventer Avenue
Suite 250
Port Washington, NY 11050
timothymcenaney@gmail.com
This email transmittal may contain confidential information belonging to the sender which is
legally privileged and/or exempt from disclosure. The information is intended only for the use
of the individual or entity named above. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution or the taking of any action in reliance on the
contents is strictly prohibited. If you received this email transmittal in error, please call the
sender immediately to arrange for the return of the emailed documents.
On Jul 1, 2016, at 12:29 PM, Steven Losquadro wrote:
Dear Mr. McEnaney:
Attached please find correspondence in furtherance of our recent discussions regarding the
appointment of a forensic accountant.
FILED: SUFFOLK COUNTY CLERK 04/25/2019 12:07 AM INDEX NO. 063193/2013
NYSCEF DOC. NO. 282 RECEIVED NYSCEF: 04/25/2019
I wish you and all a safe and happy holiday weekend.
Best,
Steve Losquadro
STEVEN E. LOSQUADRO, P.C.
www.losquadrolawfirm.com
FILED: SUFFOLK COUNTY CLERK 04/25/2019 12:07 AM INDEX NO. 063193/2013
NYSCEF DOC. NO. 282 RECEIVED NYSCEF: 04/25/2019
STEVEN E. LOSQUADRO
ATTORNEY AT LAW
649 ROUTE 25A
SUITE 4
ROCKY POINT, NEW YORK 11778
(631) 744-9070
FAX (631) 744-9421
WWW.LOSQUADROLAW1EfRM.COM
ed@pus
July 1, 2016
Timothy McEnaney, Esq.
14 Vanderventer Avenue
Suite 250
Port Washington, NY 11050
Re: Perez v. Tedesco
Index No. 063193/2013
Dear Mr. McEnaney:
I write in furtherance of our conference with Justice Garguilo on June 21,
2016 and call with Theodore Sklar, Esq. on June 24, 2016. You will recall that during
our discussions with the Court and Referee we addressed the benefit of having a
jointly retained forensic accountant appointed in this case. We understand from
your statements on the call with Mr. Sldar that you have certain reservations about
such an appointment. We wish to discuss the parameters and advantages to the
parties of such an appointment so that we may bring the appointment of such an
expert to fruition.
In our conversations with Justice Garguilo and Mr. Sklar we reviewed the
value that the appointment of a neutral financial expert could bring to this matter.
We noted that the parties remain far apart in their assessments of the damages, if
any, that are due and owing to each side. We agreed, conceptually, that the findings
of an independent forensic accountant, to be agreed upon and compensated by the
parties, could help the parties better d etermine what damages, ifany, might truly be
at issue in the case, and as a result could assist the parties in framing meaningful
settlement discussions. Further, the conclusions of such an expert could equally
assist the Court in understanding the issues in this case and how to best resolve
them.
Itwould be understood that the findings of such a forensic accountant would
not be binding on either party. Either party, or both, could call the forensic
accountant to testify at trial, but would not be obligated to do so. The neutral
financial expert would base his or her findings on a review of the discovery
FILED: SUFFOLK COUNTY CLERK 04/25/2019 12:07 AM INDEX NO. 063193/2013
NYSCEF DOC. NO. 282 RECEIVED NYSCEF: 04/25/2019
Timothy McEnaney, Esq.
July 1, 2016
Page Two
documents in this case and the accounting data stored in the Great Plains accounting
system. Moreover, the parties would share the cost of the forensic accountant.
You will recall that itwas discussed that the appointment of such a neutral
expert only brings potential value to the proceedings without prejudicing either
party's ability to present its case as it sees fit. Accordingly, we ask that you join in
the process of having such a professional appointed by discussing with us names
from which a forensic accountant could be selected, and jointly moving for the
appointment of such an expert.
Thank you for your prompt attention to this request.
Sincerely,
Steven Losquadro
cc: Hon. Jerry Garguilo
Theodore D. Sklar, Esq.
Alston & Bird, LLP
STEVEN E. LOSQUADRO '®'"
Preview
FILED: SUFFOLK COUNTY CLERK 04/25/2019 12:07 AM INDEX NO. 063193/2013 NYSCEF DOC. NO. 282 RECEIVED NYSCEF: 04/25/2019 From: Timothy McEnaney To: Steven Losquadro Cc: Theodore D. Sklar; Michael Johnson; Jessica Supernaw Subject: Re: Appointment of forensic accountant Date: Monday, July 11, 2016 12:47:40 PM Hello Steve, Your letter omits several important points. As I remarked during both the discussion before his Honor, and again during our discussion with Mr. Sklar, I do not see the value of appointing anyone to review financial records unless and until those records can be authenticated. I did not agree with you that "there was no downside" to having such an analysis performed, given the high expense of doing so, and given my firm belief that the defendants would not agree to any findings made in this (unbinding) scenario were they to come back unfavorable to them. As such, while we remain open to discussing the issue in the future, we will not consider taking any further steps with respect to your proposal until after we have received a decision from Mr. Sklar. Best regards, Timothy McEnaney, Esq. O: 516.767.6666  C: 631.383.1883   14 Vanderventer Avenue Suite 250 Port Washington, NY 11050 timothymcenaney@gmail.com This email transmittal may contain confidential information belonging to the sender which is legally privileged and/or exempt from disclosure. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents is strictly prohibited. If you received this email transmittal in error, please call the sender immediately to arrange for the return of the emailed documents. On Jul 1, 2016, at 12:29 PM, Steven Losquadro wrote: Dear Mr. McEnaney: Attached please find correspondence in furtherance of our recent discussions regarding the appointment of a forensic accountant. FILED: SUFFOLK COUNTY CLERK 04/25/2019 12:07 AM INDEX NO. 063193/2013 NYSCEF DOC. NO. 282 RECEIVED NYSCEF: 04/25/2019 I wish you and all a safe and happy holiday weekend. Best, Steve Losquadro STEVEN E. LOSQUADRO, P.C. www.losquadrolawfirm.com FILED: SUFFOLK COUNTY CLERK 04/25/2019 12:07 AM INDEX NO. 063193/2013 NYSCEF DOC. NO. 282 RECEIVED NYSCEF: 04/25/2019 STEVEN E. LOSQUADRO ATTORNEY AT LAW 649 ROUTE 25A SUITE 4 ROCKY POINT, NEW YORK 11778 (631) 744-9070 FAX (631) 744-9421 WWW.LOSQUADROLAW1EfRM.COM ed@pus July 1, 2016 Timothy McEnaney, Esq. 14 Vanderventer Avenue Suite 250 Port Washington, NY 11050 Re: Perez v. Tedesco Index No. 063193/2013 Dear Mr. McEnaney: I write in furtherance of our conference with Justice Garguilo on June 21, 2016 and call with Theodore Sklar, Esq. on June 24, 2016. You will recall that during our discussions with the Court and Referee we addressed the benefit of having a jointly retained forensic accountant appointed in this case. We understand from your statements on the call with Mr. Sldar that you have certain reservations about such an appointment. We wish to discuss the parameters and advantages to the parties of such an appointment so that we may bring the appointment of such an expert to fruition. In our conversations with Justice Garguilo and Mr. Sklar we reviewed the value that the appointment of a neutral financial expert could bring to this matter. We noted that the parties remain far apart in their assessments of the damages, if any, that are due and owing to each side. We agreed, conceptually, that the findings of an independent forensic accountant, to be agreed upon and compensated by the parties, could help the parties better d etermine what damages, ifany, might truly be at issue in the case, and as a result could assist the parties in framing meaningful settlement discussions. Further, the conclusions of such an expert could equally assist the Court in understanding the issues in this case and how to best resolve them. Itwould be understood that the findings of such a forensic accountant would not be binding on either party. Either party, or both, could call the forensic accountant to testify at trial, but would not be obligated to do so. The neutral financial expert would base his or her findings on a review of the discovery FILED: SUFFOLK COUNTY CLERK 04/25/2019 12:07 AM INDEX NO. 063193/2013 NYSCEF DOC. NO. 282 RECEIVED NYSCEF: 04/25/2019 Timothy McEnaney, Esq. July 1, 2016 Page Two documents in this case and the accounting data stored in the Great Plains accounting system. Moreover, the parties would share the cost of the forensic accountant. You will recall that itwas discussed that the appointment of such a neutral expert only brings potential value to the proceedings without prejudicing either party's ability to present its case as it sees fit. Accordingly, we ask that you join in the process of having such a professional appointed by discussing with us names from which a forensic accountant could be selected, and jointly moving for the appointment of such an expert. Thank you for your prompt attention to this request. Sincerely, Steven Losquadro cc: Hon. Jerry Garguilo Theodore D. Sklar, Esq. Alston & Bird, LLP STEVEN E. LOSQUADRO '®'"