Preview
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022
Exhibit E
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CT STEEL, INC., Index No.: 504407/2021
Plaintiff,
v. FIRST INTERROGATORIES AND
DOCUMENT DEMAND
DESALES MEDIA GROUP, INC. and OF CT STEEL, INC.
LIBERTY MUTAL INSURANCE COMPANY, TO
DESALES MEDIA GROUP, INC. AND
Defendants. LIBERTY MUTUAL INSURANCE
COMPANY
PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, Plaintiff CT Steel, Inc. (“CT
Steel”), hereby demands that Defendants DESALES MEDIA GROUP, INC. (“DeSales”) and
LIBERTY MUTUAL INSURANCE COMPANY (“Liberty”) (collectively, the “Defendants”)
serve responses to the following demands upon Gordon Rees Scully Mansukhani, LLP, attorneys
for plaintiff, within twenty (20) days of the date of these demands and that it, or someone acting
on its behalf, deliver to the offices of Gordon Rees Scully Mansukhani, LLP, 1 Battery Park Plaza,
28th Floor, New York, NY 10004, copies of the following requested documents.
PLEASE TAKE FURTHER NOTICE, that these demands are continuing in nature, and if,
at any time, Defendants obtains information which would make a prior answer or response
incorrect, incomplete, or inaccurate, or a prior production of documents incomplete, they shall
supplement their response, answers, and production as provided by the CPLR and Uniform Court
Rules.
PLEASE TAKE FURTHER NOTICE, that in the event Defendants fail to comply with the
herein demands within twenty (20) days, CT Steel will move to compel the disclosure of said
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documents, together with the costs of such an application.
INSTRUCTIONS
1. The Defendants are requested to answer each interrogatory and request for
production herein separately and fully in writing under oath. The Defendants’ responses are to be
signed and verified by the person(s) making them, and the objections signed by the attorney
making them.
2. Each of the following interrogatories and requests for production should be
answered in accordance with the Instructions and Definitions set forth herein.
3. If you object to any portion of an interrogatory or request for production, please
provide all information, and produce all documents, called for to which you do not object. For
example, if you object to any portion of an interrogatory or request for production, on the ground
that it is too broad, please provide such information, and produce such documents, as are
concededly relevant. If you object to any portion of an interrogatory or request for production on
the ground that to provide the information, or to produce the documents requested, would
constitute an undue burden, please provide such information, and produce such documents, as can
be supplied without undertaking an undue burden. If you object to any portion of an interrogatory
or request for production on the ground that it seeks privileged information, please provide such
information, and produce such documents, as are concededly non-privileged.
4. For those portions of any interrogatory or request for production to which you
object, please identify by number the interrogatory or request to which you object, and state the
reason(s) for such objection.
5. Should you assert a privilege as to any document about which information is
requested, you shall identify such document by title or caption, date, number of pages, name(s)
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and address(es) of the person(s) originating the document, name(s) and address(es) of the
addressee(s) and name(s) and address(es) of each person to whom a copy or any portion thereof
was given. In addition, please state the reason(s) for which the privilege is being asserted.
6. These discovery requests are continuing in nature and the Defendants are required
to reasonably supplement its responses herein upon receipt or discovery of additional information
pertinent to any of the discovery requests.
7. The Defendants are requested to furnish all information in its possession, custody,
or control, or otherwise known and available to it, regardless of whether such information is
possessed directly by the Defendants, or by any and all of its agents, including, but not limited to,
agents, officers, directors, employees, representatives, subcontractors, consultants, or
investigators, or by their attorneys or their agents, employees, representatives or investigators.
8. When responding to interrogatories that ask for identification of individuals with
knowledge of or involvement with any particular subject matter, please briefly describe each
individual’s knowledge or involvement.
9. If you believe that any document requested for identification or production was, but
is no longer, in your possession, custody or control, indicate the nature and location of the
document. If any document was in existence but is no longer in existence, state precisely what
disposition has been made of it, when such disposition took place and the identity of the person(s)
who ordered or authorized such disposition.
10. All electronically stored information shall be produced in its native format.
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DEFINITIONS
A. The term "documents," as used herein and in subsequent discovery, including
Interrogatories and requests for production, is defined to mean any of the following things: any
writing, drawing, plan, film, graph, chart, photograph, photocopy, tape record or other graphic
matter of any kind or nature, and all mechanical and electronic sound recordings or transcripts
thereof, and any retrievable data whether carded, taped, coded, electrostatically,
electromagnetically or otherwise, and any other data compilations from which information can be
obtained, such as but not limited to, all notices, memoranda, diaries, minutes, purchase records,
purchase invoices, market data, correspondence, computer storage tapes, computer storage cards,
contracts, books, journals, ledgers, statements, reports, invoices, bills, vouchers, worksheets,
jottings, notes, letters, abstracts, audits, agreements, charts, checks, diagrams, drafts, recordings,
instructions, lists, logs, orders, recitals, financial, telegram messages, resumes, plans and drawings,
specifications, summaries, change orders, any and all compilations of data or other records and
any and all computation sheets, or other formal and informal writings or tangible preservations of
information.
B. "Communicate" or "communication" means every manner or means of disclosure,
transfer or exchange of information whether orally or not, whether face-to-face, by telephone or
otherwise.
C. The term "Identify" used in reference to a document or communication means to
state the date; author (and if different, the signer or signers) or speaker; the recipient or addressee;
the type of document or communication (e.g., letter, phone call, etc.); and the witnesses to the
communication or all persons having custody or control of the document. If it is requested that a
document be identified, the person answering these Interrogatories may, at their option, provide a
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copy of the document(s) in question with the responses to these Interrogatories rather than Identify
the document(s). If any document was, but is no longer, in the possession or subject to the control
of the person answering these Interrogatories, state the disposition made of such documents, the
reason for such disposition and the date thereof, the present location of such documents and the
name and address of the person having custody or control of such documents.
D. The term "Identify" used in reference to a person means to state the person's name,
title, employer or business affiliation, business address, and present or last home address.
E. The term "You" or “Your” or “DeSales”, unless otherwise noted, refers to DeSales
Media Group, Inc. including but not limited to Your agents, representatives, employees, and
consultants, but specifically excluding any attorneys retained in connection with this litigation to
the extent that their inclusion within the definition of the foregoing terms would render an
Interrogatory or Request for Production hereunder an invasion of the attorney-client privilege.
F. The term “CT Steel” refers to CT Steel, Inc., including but not limited to its officers,
directors, employees, agents and consultants.
G. The term “Liberty” refers to Liberty Mutual Insurance Company, including but not
limited to its agents, representatives, employees, and consultants.
H. The term “Property,” unless otherwise noted, refers the real property located at 860
Pacific Street, Brooklyn, New York.
I. The term “Project,” unless otherwise noted, refers to the project known as “JAJ #
17-0003 DeSales Media Group, located at the Property.
J. The term “St. Joseph’s” or “Owner” refers to St. Joseph’s Roman Catholic Church
of Brooklyn, including but not limited to its agents, representatives, employees, and consultants.
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K. The term “J.A. Jennings” refers to J.A. Jennings, Inc. including but not limited to
its agents, representatives, employees, and consultants.
L. The term “Contract” refers to the contract entered into by DeSales and J.A. Jennings
on or about February 28, 2017 related to the Project.
M. The term “Subcontract” refers to the subcontract entered into by CT Steel and J.A.
Jennings on or about November 28, 2017 related to the Project.
N. The term “Lien” refers to the Notice Under Mechanic’s Lien Law filed by CT Steel
in the Office of the Clerk of Kings County on or about November 12, 2020.
O. The term “Lien Bond” refers to the Release of Mechanic’s Lien Bond, Bond No.
999079031 issued and filed by Liberty, as surety, and DeSales, as principal with the Kings County
Court Clerk on or about December 1, 2020.
INTERROGATORIES
1. Identify each person who assisted in the preparation of the answers to these
Interrogatories, or provided answers to these Interrogatories, or provided information used in
preparing answers to these Interrogatories. Beside each name list the Interrogatories to which that
person provided answers or assistance with answers.
ANSWER:
2. State the current status of the Contract balance by and between DeSales and J.A.
Jennings, including without limitation, the base Contract value; the amount of the base Contract
value paid to DeSales; the dates on which each application or request for payment was submitted
by J.A. Jennings; the dates on which each payment was made by You to J.A. Jennings, the dollar
amount of each payment, and the requisition for which payment was made; the dates and dollars
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amounts of each payment made by you to J.A. Jennings with included payment for CT Steel’s
work; the total paid to DeSales to date under the Contract; the amount currently or previously
being held as retainage pursuant to the Contract; the dollar amount of each change order approved
under the Contract; the amount of payments made to DeSales for each approved change order; the
balance, if any remaining to be billed by J.A. Jennings under the Contract; the status of remaining
proposed change orders under the Contract (whether approved, pending, paid or disputed); and
any amounts currently or previously withheld by You from J.A. Jennings as a result of any
incomplete, deficient or unsatisfactory work.
ANSWER:
3. Identify any and all back charges assessed by You, deduct change orders, or other
basis for reducing J.A. Jennings contract balance, including in your Answer, the date of the back
charge /deduct change order; the amount of the back charge /deduct change order; and the reason
for the back charge /deduct change order.
ANSWER:
4. Identify and describe in complete detail all communications between and among
DeSales and J.A. Jennings, or any third party which concern, refer, or relate to any and all claims
made by CT Steel for compensation in connection with the Subcontract.
ANSWER:
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5. Identify all persons known to You to have knowledge of relevant information, facts,
or circumstances relating to claims made by CT Steel for payment in connection with the
Subcontract and/or claims asserted by You against CT Steel.
ANSWER:
6. State whether DeSales has provided payment in full to J.A. Jennings for the
furnishing of labor, materials, equipment or services which are the subject of any claims by CT
Steel for compensation in connection with the Subcontract and/or this Action, including in your
Answer which claims such payment(s) relate to; when DeSales made such payment(s); and the
amount of each such payment(s).
ANSWER:
7. State the complete factual basis for your position, if applicable, that no further
payment is due and owing to CT Steel for its work on the Project.
ANSWER:
8. State whether CT Steel completed all work required under the Subcontract,
including all punch list, remedial, and warranty work for the Project.
ANSWER:
9. If, with respect to the previous interrogatory, You contend that CT Steel did not
complete any portion of the work under the Subcontract, identify what work was not completed;
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the Subcontract price for the work that was not completed; and all records that evidence, establish
or otherwise concern or relate to such work.
ANSWER:
10. State the complete factual basis for Your contention that the labor and services
provided by CT Steel were defective, improperly performed and/or incomplete, as alleged in Your
Sixth Affirmative Defense.
ANSWER:
11. Identify each and every occasion on which you notified CT Steel, J.A. Jennings or
any other party that the labor and services provided by CT Steel were defective, improperly
performed and/or incomplete, as alleged in Your Sixth Affirmative Defense
ANSWER:
12. Identify each and every instance when You provided CT Steel an opportunity to
complete or repair allegedly incomplete or defective work.
ANSWER:
13. State the complete basis for Your contention that CT Steel failed to perform the
work, labor, or services, or provide the materials required, in a timely, complete, and/or
workmanlike manner as alleged in Your Seventh Affirmative Defense.
ANSWER:
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14. Identify each and every occasion on which you notified CT Steel, J.A. Jennings or
any other party that CT Steel’s work was not completed in a timely, complete, and/or workmanlike
manner.
ANSWER:
15. Identify the date(s) upon which payment of any and all of CT Steel’s payment
applications were due.
ANSWER:
16. Identify any contract section, clause, paragraph, or other citation of the Contract or
Subcontract which you rely on a as a basis for denying CT Steel’s claims in this Action.
ANSWER:
17. State the complete factual basis for Your contention that CT Steel failed to respond
the Defendants’ Lien Law § 38 Demand for an Itemized Statement, as alleged in Your Third
Affirmative Defense, including in Your answer, the date and manner in which the Demand was
allegedly served on CT Steel, and the date, if applicable, on which you received proof of delivery.
ANSWER:
18. State the complete basis for Your contention that the Lien is defective,
unenforceable, and invalid, as alleged in Your Ninth Affirmative Defense.
ANSWER:
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19. Identify the complete factual circumstances surrounding any claim or dispute
between You and J.A. Jennings and/or You and any subcontractor supplier, other than CT Steel,
concerning the Project.
ANSWER:
20. Identify the complete factual basis for Your denial of the allegation set forth in
paragraph 12 of the Complaint that despite having performed as required per the Contract, J.A.
Jennings and DeSales, failed and/or refused to make payment in full to CT Steel for its work under
the Subcontract, and CT Steel is owed an amount not less than two hundred thirteen thousand nine
hundred sixty four dollars and seventy cents ($213,964.70), exclusive of interest, costs, and
attorneys’ fees, due and owing.
ANSWER:
21. Identify the complete factual basis for Your denial of the allegation set forth in
paragraph 13 of the Complaint that CT Steel has performed all conditions required under the
Contract and is not in default of same.
ANSWER:
22. Identify the complete factual basis for Your denial of the allegation set forth in
paragraph 14 of the Complaint that all of the labor, materials and services furnished by CT Steel
to J.A. Jennings and DeSales were for the construction of improvements on the Property and were
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furnished with the knowledge and consent of J.A. Jennings, DeSales, and St. Joseph’s, as well as
pursuant to the Contract.
ANSWER:
23. Identify the complete factual basis for Your denial of the allegation set forth in
paragraph 38 of the Complaint that DeSales accepted the work and did not disapprove the invoices
and requests/application for payment submitted by CT Steel.
ANSWER:
24. Identify each consultant or expert who has been retained or specifically employed
by You in anticipation of litigation, or preparation for trial as an expert, his/her areas of expertise,
his/her academic credentials and professional experience.
ANSWER:
25. Identify each person You intend to call as a witness at trial.
ANSWER:
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REQUESTS FOR PRODUCTION
1. Any and all documents reviewed by You or by persons identified in the response
to Interrogatory No. 1 for purposes of assisting in answering the preceding Interrogatories.
RESPONSE:
2. All documents identified and/or described in Your Answers to the preceding
Interrogatories and/or which in any way relate to Your answers.
RESPONSE:
3. Any and all documents and communications which concern, refer or relate to any
of the parties’ claims or defenses in this Action.
RESPONSE:
4. The Contract and all associated contract documents and amendments.
RESPONSE:
5. The Subcontract and all associated contract documents and amendments.
RESPONSE:
6. Any and all documents and communications which concern, refer or relate to all
change orders and proposed change orders by and between DeSales and J.A. Jennings, or any other
person or entity, including drafts thereof, whether or not they relate to CT Steel’s work on the
Project.
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RESPONSE:
7. Any and all documents and communications which concern, refer or relate to
applications for payment submitted by J.A. Jennings to DeSales, including without limitation the
applications themselves, and all records concerning payments made to J.A. Jennings, including
but not limited to payments for CT Steel’s work.
RESPONSE:
8. Any and all documents and communications which concern, refer or relate to
applications for payment submitted by CT Steel to J.A. Jennings, including when those
applications were submitted to You and evidence of payments from DeSales to J.A. Jennings or
any other person or entity for CT Steel’s work in connection with the Project.
RESPONSE:
9. Any and all documents and/or communications which concern, refer or relate to
demands for payment asserted by CT Steel in connection with the Project or claims asserted against
CT Steel in connection with the Subcontract, including, without limitation, communications
between and among DeSales personnel, or between and among DeSales and J.A. Jennings or any
third party relating to the same.
RESPONSE:
10. Any and all communications between DeSales and any party, entity or individual
about payment to CT Steel for the Project and pending claims made by CT Steel.
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RESPONSE:
11. Any and all payment applications DeSales received and/or reviewed concerning CT
Steel’s work on the Project and/or CT’s requests for payment.
RESPONSE:
12. Any and all requisitions or applications for payment DeSales received from CT
Steel, or relating to CT Steel’s work, concerning, relating or referring to progress payments for the
Project, including documents sufficient to show whether payment was made to CT Steel, the date
payment was made, and to whom payment was made.
RESPONSE:
13. Any and all demands that DeSales received from CT Steel or relating to CT Steel’s
work, for payment on the Project, including documents sufficient to show when You received the
demand, what you did upon receiving the demand for payment on the Project, the date(s) on which
You responded to the demand and a summary of the response You provided.
RESPONSE:
14. Any and all demands that J.A. Jennings submitted to DeSales for payment on the
Project.
RESPONSE:
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15. All records of additional work, labor, materials and/or services, outside the scope
of the Subcontract, DeSales ordered, required, and/or directed J.A. Jennings and/or CT Steel to
provide on the Project.
RESPONSE:
16. Any and all documents concerning, relating or referring to communications with
the design team and/or architect.
RESPONSE:
17. Any and all documents and communications concerning, relating or referring to any
mechanics liens filed against the Project.
RESPONSE:
18. Any and all documents or communications, written or oral, concerning, relating or
referring to the Lien Bond, including but not limited to documents and communications between
DeSales and Liberty such as bond applications, indemnity agreements and/or collateral
agreements, and any documents or communications with J.A. Jennings concerning the Lien Bond.
RESPONSE:
19. Any and all documents concerning, relating or referring to damages, if any, claimed
by You in this Action against CT Steel.
RESPONSE:
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20. All punch lists relating to the Project.
RESPONSE:
21. All liens filed against the Project, and all related documents and communications.
RESPONSE:
22. All documents evidencing or referring to any requests for additional compensation,
demand or claims submitted by J.A. Jennings against DeSales.
RESPONSE:
23. Any and all documents and communications concerning, relating or referring to any
dispute with J.A. Jennings.
RESPONSE:
24. All documents evidencing or referring to any claims submitted by DeSales against
J.A. Jennings.
RESPONSE:
25. Any and all documents and communications concerning, relating or referring to any
back charges or deduct change orders or any other reasons for withholding payment from J.A.
Jennings or any other subcontractor.
RESPONSE:
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26. All financial / accounting records concerning all payments made by you for work
performed on the Project.
RESPONSE:
27. All records of any loans or financing received by You for use in connection with
the Project, including all documents sufficient to show how those funds were spent.
RESPONSE:
28. All written agreements by and between DeSales and any person or entity relating
to the Project.
RESPONSE:
29. All daily, weekly and/or monthly reports or meeting minutes for the Project.
RESPONSE:
30. All bid estimates or take-offs prepared by J.A. Jennings in connection with the
Project.
RESPONSE:
31. All schedules for the Project.
RESPONSE:
32. All Change Order requests received by DeSales for the Project.
RESPONSE:
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33. To the extent not produced in response to a prior request, all surety bonds, including
but not limited to mechanic’s lien bonds and payment and performance bonds posted by DeSales,
J.A. Jennings or any other person or party for the Project.
RESPONSE:
34. All documents referring or relating to the Defendants’ Lien Law §38 Demand for
an Itemized Statement, including the Demand itself,and documents showing how and in what
manner the Demand was served, including but not limited to any proofs of service or certified
mailing receipts.
RESPONSE:
35. All documents and communications concerning, referring or relating to Your
contention that the labor and services provided by CT Steel were defective, improperly performed
and/or incomplete, as alleged in Your Sixth Affirmative Defense.
RESPONSE:
36. All documents and communications concerning, referring or relating to each and
every occasion on which you notified CT Steel, J.A. Jennings or any other party that the labor and
services provided by CT Steel were defective, improperly performed and/or incomplete, as alleged
in Your Sixth Affirmative Defense.
RESPONSE:
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37. All documents and communications concerning, referring or relating to each and
every instance when You provided CT Steel an opportunity to complete or repair allegedly
incomplete or defective work.
RESPONSE:
38. All documents and communications concerning, referring or relating to each and
every occasions on which you notified CT Steel, J.A. Jennings or any other party that CT Steel’s
work was not completed in a timely, complete, and/or workmanlike manner.
RESPONSE:
39. All documents and communications concerning, referring or relating to any claim
or dispute between You and J.A. Jennings concerning the Project.
RESPONSE:
40. All documents and communications concerning, referring or relating to any claim
or dispute between You and any subcontractor supplier other than CT Steel concerning the Project.
RESPONSE:
41. All documents and communications concerning, referring or relating to any
defenses in this Action.
RESPONSE:
42. All documents and communications concerning, referring or relating to Your denial
that despite having performed as required per the Contract, J.A. Jennings and DeSales, failed
and/or refused to make payment in full to CT Steel for its work under the Subcontract, and CT
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Steel is owed an amount not less than two hundred thirteen thousand nine hundred sixty four
dollars and seventy cents ($213,964.70), exclusive of interest, costs, and attorneys’ fees, due and
owing, as set forth in paragraph 12 of the Complaint.
RESPONSE:
43. All documents and communications concerning, referring or relating to Your denial
that CT Steel has performed all conditions required under the Contract and is not in default of
same, as set forth in paragraph 13 of the Complaint.
RESPONSE:
44. All documents and communications concerning, referring or relating to Your denial
that all of the labor, materials and services furnished by CT Steel to J.A. Jennings and DeSales
were for the construction of improvements on the Property and were furnished with the knowledge
and consent of J.A. Jennings, DeSales, and St. Joseph’s, as well as pursuant to the Contract, as set
forth in paragraph 14 of the Complaint.
RESPONSE:
45. All documents and communications concerning, referring or relating to Your denial
that by reason of the foregoing, there became due and owing from J.A. Jennings and DeSales to
CT Steel, for work, labor and services performed by CT Steel a sum in excess of $213,964.70, no
part of which has been paid, although duly demanded, as set forth in paragraph 15 of the
Complaint.
RESPONSE:
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46. All documents and communications concerning, referring or relating to Your denial
that DeSales accepted the work and did not disapprove the invoices and requests/application for
payment submitted by CT Steel, as set forth in paragraph 38 of the Complaint.
RESPONSE:
47. All documents and communications concerning, referring or relating to Your denial
that CT Steel provided certain labor, materials and equipment, in good faith, to J.A. Jennings as
Agent for DeSales at its request for the Project, as set forth in paragraph 40 of the Complaint.
RESPONSE:
48. All documents and communications concerning, referring or relating to Your denial
that CT Steel provided certain labor, materials, and equipment, as aforesaid, in good faith, to J.A.
Jennings as agent for DeSales at its request, at the Project, and J.A. Jennings and Deales accepted
and received the benefits of same, as set forth in paragraph 46 of the Complaint.
RESPONSE:
49. All documents and communications concerning, referring or relating to Your denial
that CT Steel supplied structural steel, miscellaneous steel, all labor, all materials, equipment and
services, and related materials to J.A. Jennings as agent for DeSales for J.A. Jennings’ and
DeSales’ use on a construction project owned by DeSales, as set forth in paragraph 47 of the
Complaint.
RESPONSE:
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Dated: April 30, 2021 Respectfully submitted,
GORDON & REES SCULLY
MANSUKHANI LLP
By: /s/ Todd Regan
Todd Regan, Esq.
Gordon Rees Scully Mansukhani, LLP
1 Battery Park Plaza, 28th Floor
New York, New York 10004
Tel: 212-269-5500
tregan@grsm.com
Attorney for Plaintiff,
CT STEEL, INC.
23
FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021
NYSCEF DOC. NO. 22
Preview
FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 Exhibit E FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CT STEEL, INC., Index No.: 504407/2021 Plaintiff, v. FIRST INTERROGATORIES AND DOCUMENT DEMAND DESALES MEDIA GROUP, INC. and OF CT STEEL, INC. LIBERTY MUTAL INSURANCE COMPANY, TO DESALES MEDIA GROUP, INC. AND Defendants. LIBERTY MUTUAL INSURANCE COMPANY PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, Plaintiff CT Steel, Inc. (“CT Steel”), hereby demands that Defendants DESALES MEDIA GROUP, INC. (“DeSales”) and LIBERTY MUTUAL INSURANCE COMPANY (“Liberty”) (collectively, the “Defendants”) serve responses to the following demands upon Gordon Rees Scully Mansukhani, LLP, attorneys for plaintiff, within twenty (20) days of the date of these demands and that it, or someone acting on its behalf, deliver to the offices of Gordon Rees Scully Mansukhani, LLP, 1 Battery Park Plaza, 28th Floor, New York, NY 10004, copies of the following requested documents. PLEASE TAKE FURTHER NOTICE, that these demands are continuing in nature, and if, at any time, Defendants obtains information which would make a prior answer or response incorrect, incomplete, or inaccurate, or a prior production of documents incomplete, they shall supplement their response, answers, and production as provided by the CPLR and Uniform Court Rules. PLEASE TAKE FURTHER NOTICE, that in the event Defendants fail to comply with the herein demands within twenty (20) days, CT Steel will move to compel the disclosure of said FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 documents, together with the costs of such an application. INSTRUCTIONS 1. The Defendants are requested to answer each interrogatory and request for production herein separately and fully in writing under oath. The Defendants’ responses are to be signed and verified by the person(s) making them, and the objections signed by the attorney making them. 2. Each of the following interrogatories and requests for production should be answered in accordance with the Instructions and Definitions set forth herein. 3. If you object to any portion of an interrogatory or request for production, please provide all information, and produce all documents, called for to which you do not object. For example, if you object to any portion of an interrogatory or request for production, on the ground that it is too broad, please provide such information, and produce such documents, as are concededly relevant. If you object to any portion of an interrogatory or request for production on the ground that to provide the information, or to produce the documents requested, would constitute an undue burden, please provide such information, and produce such documents, as can be supplied without undertaking an undue burden. If you object to any portion of an interrogatory or request for production on the ground that it seeks privileged information, please provide such information, and produce such documents, as are concededly non-privileged. 4. For those portions of any interrogatory or request for production to which you object, please identify by number the interrogatory or request to which you object, and state the reason(s) for such objection. 5. Should you assert a privilege as to any document about which information is requested, you shall identify such document by title or caption, date, number of pages, name(s) 2 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 and address(es) of the person(s) originating the document, name(s) and address(es) of the addressee(s) and name(s) and address(es) of each person to whom a copy or any portion thereof was given. In addition, please state the reason(s) for which the privilege is being asserted. 6. These discovery requests are continuing in nature and the Defendants are required to reasonably supplement its responses herein upon receipt or discovery of additional information pertinent to any of the discovery requests. 7. The Defendants are requested to furnish all information in its possession, custody, or control, or otherwise known and available to it, regardless of whether such information is possessed directly by the Defendants, or by any and all of its agents, including, but not limited to, agents, officers, directors, employees, representatives, subcontractors, consultants, or investigators, or by their attorneys or their agents, employees, representatives or investigators. 8. When responding to interrogatories that ask for identification of individuals with knowledge of or involvement with any particular subject matter, please briefly describe each individual’s knowledge or involvement. 9. If you believe that any document requested for identification or production was, but is no longer, in your possession, custody or control, indicate the nature and location of the document. If any document was in existence but is no longer in existence, state precisely what disposition has been made of it, when such disposition took place and the identity of the person(s) who ordered or authorized such disposition. 10. All electronically stored information shall be produced in its native format. 3 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 DEFINITIONS A. The term "documents," as used herein and in subsequent discovery, including Interrogatories and requests for production, is defined to mean any of the following things: any writing, drawing, plan, film, graph, chart, photograph, photocopy, tape record or other graphic matter of any kind or nature, and all mechanical and electronic sound recordings or transcripts thereof, and any retrievable data whether carded, taped, coded, electrostatically, electromagnetically or otherwise, and any other data compilations from which information can be obtained, such as but not limited to, all notices, memoranda, diaries, minutes, purchase records, purchase invoices, market data, correspondence, computer storage tapes, computer storage cards, contracts, books, journals, ledgers, statements, reports, invoices, bills, vouchers, worksheets, jottings, notes, letters, abstracts, audits, agreements, charts, checks, diagrams, drafts, recordings, instructions, lists, logs, orders, recitals, financial, telegram messages, resumes, plans and drawings, specifications, summaries, change orders, any and all compilations of data or other records and any and all computation sheets, or other formal and informal writings or tangible preservations of information. B. "Communicate" or "communication" means every manner or means of disclosure, transfer or exchange of information whether orally or not, whether face-to-face, by telephone or otherwise. C. The term "Identify" used in reference to a document or communication means to state the date; author (and if different, the signer or signers) or speaker; the recipient or addressee; the type of document or communication (e.g., letter, phone call, etc.); and the witnesses to the communication or all persons having custody or control of the document. If it is requested that a document be identified, the person answering these Interrogatories may, at their option, provide a 4 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 copy of the document(s) in question with the responses to these Interrogatories rather than Identify the document(s). If any document was, but is no longer, in the possession or subject to the control of the person answering these Interrogatories, state the disposition made of such documents, the reason for such disposition and the date thereof, the present location of such documents and the name and address of the person having custody or control of such documents. D. The term "Identify" used in reference to a person means to state the person's name, title, employer or business affiliation, business address, and present or last home address. E. The term "You" or “Your” or “DeSales”, unless otherwise noted, refers to DeSales Media Group, Inc. including but not limited to Your agents, representatives, employees, and consultants, but specifically excluding any attorneys retained in connection with this litigation to the extent that their inclusion within the definition of the foregoing terms would render an Interrogatory or Request for Production hereunder an invasion of the attorney-client privilege. F. The term “CT Steel” refers to CT Steel, Inc., including but not limited to its officers, directors, employees, agents and consultants. G. The term “Liberty” refers to Liberty Mutual Insurance Company, including but not limited to its agents, representatives, employees, and consultants. H. The term “Property,” unless otherwise noted, refers the real property located at 860 Pacific Street, Brooklyn, New York. I. The term “Project,” unless otherwise noted, refers to the project known as “JAJ # 17-0003 DeSales Media Group, located at the Property. J. The term “St. Joseph’s” or “Owner” refers to St. Joseph’s Roman Catholic Church of Brooklyn, including but not limited to its agents, representatives, employees, and consultants. 5 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 K. The term “J.A. Jennings” refers to J.A. Jennings, Inc. including but not limited to its agents, representatives, employees, and consultants. L. The term “Contract” refers to the contract entered into by DeSales and J.A. Jennings on or about February 28, 2017 related to the Project. M. The term “Subcontract” refers to the subcontract entered into by CT Steel and J.A. Jennings on or about November 28, 2017 related to the Project. N. The term “Lien” refers to the Notice Under Mechanic’s Lien Law filed by CT Steel in the Office of the Clerk of Kings County on or about November 12, 2020. O. The term “Lien Bond” refers to the Release of Mechanic’s Lien Bond, Bond No. 999079031 issued and filed by Liberty, as surety, and DeSales, as principal with the Kings County Court Clerk on or about December 1, 2020. INTERROGATORIES 1. Identify each person who assisted in the preparation of the answers to these Interrogatories, or provided answers to these Interrogatories, or provided information used in preparing answers to these Interrogatories. Beside each name list the Interrogatories to which that person provided answers or assistance with answers. ANSWER: 2. State the current status of the Contract balance by and between DeSales and J.A. Jennings, including without limitation, the base Contract value; the amount of the base Contract value paid to DeSales; the dates on which each application or request for payment was submitted by J.A. Jennings; the dates on which each payment was made by You to J.A. Jennings, the dollar amount of each payment, and the requisition for which payment was made; the dates and dollars 6 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 amounts of each payment made by you to J.A. Jennings with included payment for CT Steel’s work; the total paid to DeSales to date under the Contract; the amount currently or previously being held as retainage pursuant to the Contract; the dollar amount of each change order approved under the Contract; the amount of payments made to DeSales for each approved change order; the balance, if any remaining to be billed by J.A. Jennings under the Contract; the status of remaining proposed change orders under the Contract (whether approved, pending, paid or disputed); and any amounts currently or previously withheld by You from J.A. Jennings as a result of any incomplete, deficient or unsatisfactory work. ANSWER: 3. Identify any and all back charges assessed by You, deduct change orders, or other basis for reducing J.A. Jennings contract balance, including in your Answer, the date of the back charge /deduct change order; the amount of the back charge /deduct change order; and the reason for the back charge /deduct change order. ANSWER: 4. Identify and describe in complete detail all communications between and among DeSales and J.A. Jennings, or any third party which concern, refer, or relate to any and all claims made by CT Steel for compensation in connection with the Subcontract. ANSWER: 7 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 5. Identify all persons known to You to have knowledge of relevant information, facts, or circumstances relating to claims made by CT Steel for payment in connection with the Subcontract and/or claims asserted by You against CT Steel. ANSWER: 6. State whether DeSales has provided payment in full to J.A. Jennings for the furnishing of labor, materials, equipment or services which are the subject of any claims by CT Steel for compensation in connection with the Subcontract and/or this Action, including in your Answer which claims such payment(s) relate to; when DeSales made such payment(s); and the amount of each such payment(s). ANSWER: 7. State the complete factual basis for your position, if applicable, that no further payment is due and owing to CT Steel for its work on the Project. ANSWER: 8. State whether CT Steel completed all work required under the Subcontract, including all punch list, remedial, and warranty work for the Project. ANSWER: 9. If, with respect to the previous interrogatory, You contend that CT Steel did not complete any portion of the work under the Subcontract, identify what work was not completed; 8 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 the Subcontract price for the work that was not completed; and all records that evidence, establish or otherwise concern or relate to such work. ANSWER: 10. State the complete factual basis for Your contention that the labor and services provided by CT Steel were defective, improperly performed and/or incomplete, as alleged in Your Sixth Affirmative Defense. ANSWER: 11. Identify each and every occasion on which you notified CT Steel, J.A. Jennings or any other party that the labor and services provided by CT Steel were defective, improperly performed and/or incomplete, as alleged in Your Sixth Affirmative Defense ANSWER: 12. Identify each and every instance when You provided CT Steel an opportunity to complete or repair allegedly incomplete or defective work. ANSWER: 13. State the complete basis for Your contention that CT Steel failed to perform the work, labor, or services, or provide the materials required, in a timely, complete, and/or workmanlike manner as alleged in Your Seventh Affirmative Defense. ANSWER: 9 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 14. Identify each and every occasion on which you notified CT Steel, J.A. Jennings or any other party that CT Steel’s work was not completed in a timely, complete, and/or workmanlike manner. ANSWER: 15. Identify the date(s) upon which payment of any and all of CT Steel’s payment applications were due. ANSWER: 16. Identify any contract section, clause, paragraph, or other citation of the Contract or Subcontract which you rely on a as a basis for denying CT Steel’s claims in this Action. ANSWER: 17. State the complete factual basis for Your contention that CT Steel failed to respond the Defendants’ Lien Law § 38 Demand for an Itemized Statement, as alleged in Your Third Affirmative Defense, including in Your answer, the date and manner in which the Demand was allegedly served on CT Steel, and the date, if applicable, on which you received proof of delivery. ANSWER: 18. State the complete basis for Your contention that the Lien is defective, unenforceable, and invalid, as alleged in Your Ninth Affirmative Defense. ANSWER: 10 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 19. Identify the complete factual circumstances surrounding any claim or dispute between You and J.A. Jennings and/or You and any subcontractor supplier, other than CT Steel, concerning the Project. ANSWER: 20. Identify the complete factual basis for Your denial of the allegation set forth in paragraph 12 of the Complaint that despite having performed as required per the Contract, J.A. Jennings and DeSales, failed and/or refused to make payment in full to CT Steel for its work under the Subcontract, and CT Steel is owed an amount not less than two hundred thirteen thousand nine hundred sixty four dollars and seventy cents ($213,964.70), exclusive of interest, costs, and attorneys’ fees, due and owing. ANSWER: 21. Identify the complete factual basis for Your denial of the allegation set forth in paragraph 13 of the Complaint that CT Steel has performed all conditions required under the Contract and is not in default of same. ANSWER: 22. Identify the complete factual basis for Your denial of the allegation set forth in paragraph 14 of the Complaint that all of the labor, materials and services furnished by CT Steel to J.A. Jennings and DeSales were for the construction of improvements on the Property and were 11 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 furnished with the knowledge and consent of J.A. Jennings, DeSales, and St. Joseph’s, as well as pursuant to the Contract. ANSWER: 23. Identify the complete factual basis for Your denial of the allegation set forth in paragraph 38 of the Complaint that DeSales accepted the work and did not disapprove the invoices and requests/application for payment submitted by CT Steel. ANSWER: 24. Identify each consultant or expert who has been retained or specifically employed by You in anticipation of litigation, or preparation for trial as an expert, his/her areas of expertise, his/her academic credentials and professional experience. ANSWER: 25. Identify each person You intend to call as a witness at trial. ANSWER: 12 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 REQUESTS FOR PRODUCTION 1. Any and all documents reviewed by You or by persons identified in the response to Interrogatory No. 1 for purposes of assisting in answering the preceding Interrogatories. RESPONSE: 2. All documents identified and/or described in Your Answers to the preceding Interrogatories and/or which in any way relate to Your answers. RESPONSE: 3. Any and all documents and communications which concern, refer or relate to any of the parties’ claims or defenses in this Action. RESPONSE: 4. The Contract and all associated contract documents and amendments. RESPONSE: 5. The Subcontract and all associated contract documents and amendments. RESPONSE: 6. Any and all documents and communications which concern, refer or relate to all change orders and proposed change orders by and between DeSales and J.A. Jennings, or any other person or entity, including drafts thereof, whether or not they relate to CT Steel’s work on the Project. 13 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 RESPONSE: 7. Any and all documents and communications which concern, refer or relate to applications for payment submitted by J.A. Jennings to DeSales, including without limitation the applications themselves, and all records concerning payments made to J.A. Jennings, including but not limited to payments for CT Steel’s work. RESPONSE: 8. Any and all documents and communications which concern, refer or relate to applications for payment submitted by CT Steel to J.A. Jennings, including when those applications were submitted to You and evidence of payments from DeSales to J.A. Jennings or any other person or entity for CT Steel’s work in connection with the Project. RESPONSE: 9. Any and all documents and/or communications which concern, refer or relate to demands for payment asserted by CT Steel in connection with the Project or claims asserted against CT Steel in connection with the Subcontract, including, without limitation, communications between and among DeSales personnel, or between and among DeSales and J.A. Jennings or any third party relating to the same. RESPONSE: 10. Any and all communications between DeSales and any party, entity or individual about payment to CT Steel for the Project and pending claims made by CT Steel. 14 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 RESPONSE: 11. Any and all payment applications DeSales received and/or reviewed concerning CT Steel’s work on the Project and/or CT’s requests for payment. RESPONSE: 12. Any and all requisitions or applications for payment DeSales received from CT Steel, or relating to CT Steel’s work, concerning, relating or referring to progress payments for the Project, including documents sufficient to show whether payment was made to CT Steel, the date payment was made, and to whom payment was made. RESPONSE: 13. Any and all demands that DeSales received from CT Steel or relating to CT Steel’s work, for payment on the Project, including documents sufficient to show when You received the demand, what you did upon receiving the demand for payment on the Project, the date(s) on which You responded to the demand and a summary of the response You provided. RESPONSE: 14. Any and all demands that J.A. Jennings submitted to DeSales for payment on the Project. RESPONSE: 15 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 15. All records of additional work, labor, materials and/or services, outside the scope of the Subcontract, DeSales ordered, required, and/or directed J.A. Jennings and/or CT Steel to provide on the Project. RESPONSE: 16. Any and all documents concerning, relating or referring to communications with the design team and/or architect. RESPONSE: 17. Any and all documents and communications concerning, relating or referring to any mechanics liens filed against the Project. RESPONSE: 18. Any and all documents or communications, written or oral, concerning, relating or referring to the Lien Bond, including but not limited to documents and communications between DeSales and Liberty such as bond applications, indemnity agreements and/or collateral agreements, and any documents or communications with J.A. Jennings concerning the Lien Bond. RESPONSE: 19. Any and all documents concerning, relating or referring to damages, if any, claimed by You in this Action against CT Steel. RESPONSE: 16 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 20. All punch lists relating to the Project. RESPONSE: 21. All liens filed against the Project, and all related documents and communications. RESPONSE: 22. All documents evidencing or referring to any requests for additional compensation, demand or claims submitted by J.A. Jennings against DeSales. RESPONSE: 23. Any and all documents and communications concerning, relating or referring to any dispute with J.A. Jennings. RESPONSE: 24. All documents evidencing or referring to any claims submitted by DeSales against J.A. Jennings. RESPONSE: 25. Any and all documents and communications concerning, relating or referring to any back charges or deduct change orders or any other reasons for withholding payment from J.A. Jennings or any other subcontractor. RESPONSE: 17 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 26. All financial / accounting records concerning all payments made by you for work performed on the Project. RESPONSE: 27. All records of any loans or financing received by You for use in connection with the Project, including all documents sufficient to show how those funds were spent. RESPONSE: 28. All written agreements by and between DeSales and any person or entity relating to the Project. RESPONSE: 29. All daily, weekly and/or monthly reports or meeting minutes for the Project. RESPONSE: 30. All bid estimates or take-offs prepared by J.A. Jennings in connection with the Project. RESPONSE: 31. All schedules for the Project. RESPONSE: 32. All Change Order requests received by DeSales for the Project. RESPONSE: 18 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 33. To the extent not produced in response to a prior request, all surety bonds, including but not limited to mechanic’s lien bonds and payment and performance bonds posted by DeSales, J.A. Jennings or any other person or party for the Project. RESPONSE: 34. All documents referring or relating to the Defendants’ Lien Law §38 Demand for an Itemized Statement, including the Demand itself,and documents showing how and in what manner the Demand was served, including but not limited to any proofs of service or certified mailing receipts. RESPONSE: 35. All documents and communications concerning, referring or relating to Your contention that the labor and services provided by CT Steel were defective, improperly performed and/or incomplete, as alleged in Your Sixth Affirmative Defense. RESPONSE: 36. All documents and communications concerning, referring or relating to each and every occasion on which you notified CT Steel, J.A. Jennings or any other party that the labor and services provided by CT Steel were defective, improperly performed and/or incomplete, as alleged in Your Sixth Affirmative Defense. RESPONSE: 19 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 37. All documents and communications concerning, referring or relating to each and every instance when You provided CT Steel an opportunity to complete or repair allegedly incomplete or defective work. RESPONSE: 38. All documents and communications concerning, referring or relating to each and every occasions on which you notified CT Steel, J.A. Jennings or any other party that CT Steel’s work was not completed in a timely, complete, and/or workmanlike manner. RESPONSE: 39. All documents and communications concerning, referring or relating to any claim or dispute between You and J.A. Jennings concerning the Project. RESPONSE: 40. All documents and communications concerning, referring or relating to any claim or dispute between You and any subcontractor supplier other than CT Steel concerning the Project. RESPONSE: 41. All documents and communications concerning, referring or relating to any defenses in this Action. RESPONSE: 42. All documents and communications concerning, referring or relating to Your denial that despite having performed as required per the Contract, J.A. Jennings and DeSales, failed and/or refused to make payment in full to CT Steel for its work under the Subcontract, and CT 20 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 Steel is owed an amount not less than two hundred thirteen thousand nine hundred sixty four dollars and seventy cents ($213,964.70), exclusive of interest, costs, and attorneys’ fees, due and owing, as set forth in paragraph 12 of the Complaint. RESPONSE: 43. All documents and communications concerning, referring or relating to Your denial that CT Steel has performed all conditions required under the Contract and is not in default of same, as set forth in paragraph 13 of the Complaint. RESPONSE: 44. All documents and communications concerning, referring or relating to Your denial that all of the labor, materials and services furnished by CT Steel to J.A. Jennings and DeSales were for the construction of improvements on the Property and were furnished with the knowledge and consent of J.A. Jennings, DeSales, and St. Joseph’s, as well as pursuant to the Contract, as set forth in paragraph 14 of the Complaint. RESPONSE: 45. All documents and communications concerning, referring or relating to Your denial that by reason of the foregoing, there became due and owing from J.A. Jennings and DeSales to CT Steel, for work, labor and services performed by CT Steel a sum in excess of $213,964.70, no part of which has been paid, although duly demanded, as set forth in paragraph 15 of the Complaint. RESPONSE: 21 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 46. All documents and communications concerning, referring or relating to Your denial that DeSales accepted the work and did not disapprove the invoices and requests/application for payment submitted by CT Steel, as set forth in paragraph 38 of the Complaint. RESPONSE: 47. All documents and communications concerning, referring or relating to Your denial that CT Steel provided certain labor, materials and equipment, in good faith, to J.A. Jennings as Agent for DeSales at its request for the Project, as set forth in paragraph 40 of the Complaint. RESPONSE: 48. All documents and communications concerning, referring or relating to Your denial that CT Steel provided certain labor, materials, and equipment, as aforesaid, in good faith, to J.A. Jennings as agent for DeSales at its request, at the Project, and J.A. Jennings and Deales accepted and received the benefits of same, as set forth in paragraph 46 of the Complaint. RESPONSE: 49. All documents and communications concerning, referring or relating to Your denial that CT Steel supplied structural steel, miscellaneous steel, all labor, all materials, equipment and services, and related materials to J.A. Jennings as agent for DeSales for J.A. Jennings’ and DeSales’ use on a construction project owned by DeSales, as set forth in paragraph 47 of the Complaint. RESPONSE: 22 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/29/2022 Dated: April 30, 2021 Respectfully submitted, GORDON & REES SCULLY MANSUKHANI LLP By: /s/ Todd Regan Todd Regan, Esq. Gordon Rees Scully Mansukhani, LLP 1 Battery Park Plaza, 28th Floor New York, New York 10004 Tel: 212-269-5500 tregan@grsm.com Attorney for Plaintiff, CT STEEL, INC. 23 FILED: KINGS COUNTY CLERK 07/29/2022 06:55 PM INDEX NO. 504407/2021 NYSCEF DOC. NO. 22