Motion to Compel Discovery in Veludi Capital Strategies v. Manuel Pereira| Trellis.Law

On December 20, 2019 a Exhibit,Appendix was filed involving a dispute between Veludi Capital Strategies, and Manuel Pereira, for Commercial - Contract in the District Court of Nassau County.

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FILED: NASSAU COUNTY CLERK 11/02/2021 04:36 PM INDEX NO. 617853/2019
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2021

EXHIBIT 14
FILED: NASSAU COUNTY CLERK 11/02/2021 04:36 PM INDEX NO. 617853/2019
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------------X
VELUDI CAPITAL STRATEGIES, LLC,
Index No.: 617853/2019
Plaintiff,

-against-

MANUEL PEREIRA,

Defendant.
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MANUEL PEREIRA,

Third-Party Plaintiff,

-against-

CHANDER K. GOEL and SUNIL KUMAR
PONNUMALA a/k/a SUNIL PONNUMALA
KUMAR,

Third-Party Defendants.
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DEFENDANT/THIRD-PARTY PLAINTIFF MANUEL PEREIRA’S FIRST SET
OF INTERROGATORIES TO THIRD PARTY DEFENDANT CHANDER K. GOEL

PLEASE TAKE NOTICE that Defendant/Third-Party Plaintiff Manuel Pereira (“Mr.

Pereira”), by and through his attorneys, Meltzer, Lippe, Goldstein & Breitstone, LLP, hereby

propounds the following Interrogatories to Third Party Defendant Chander K. Goel pursuant to

CPLR §§ 3130 and 3132.

PLEASE TAKE FURTHER NOTICE that Third Party Defendant Chander K. Goel is

required to serve written responses, made under oath, upon the undersigned within twenty (20)

days after service of this notice.
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NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2021

DEFINITIONS

1. The term “person” means any individual, business entity, governmental entity,

and any agent acting with actual or apparent authority on such person’s behalf, including the

person’s agents, affiliates, employees, officers, directors, members, shareholders, subsidiaries,

representatives, and attorneys. Further, if any person is identified by name, it shall include any

such person’s agent acting with actual or apparent authority on the person’s behalf, including the

person’s agents, affiliates, employees, officers, directors, members, shareholders, subsidiaries,

representatives and attorneys.

2. The terms “document”, “documents” and “documentation” shall mean, without

limitation, any printed, written, recorded, taped, electronic, graphic or computer generated

material or other tangible matter in any form — including, without limitation, in the form of

electronically stored information, which includes, but is not limited to, all items within the

definition of ESI set forth in Section I(A) of the Commercial Division, Nassau County

Guidelines for Discovery of Electronically Stored Information — from whatever source and

however produced, including, but not limited to, drafts, an original and any non-identical copy

(whether different from the original because of handwritten notes or underlinings, on the copy or

otherwise) of papers, photographs, drawings, letters, telegrams, telexes, telecopies, facsimiles,

notes, notations, memoranda of conversations or meetings, minutes of meetings, interoffice

communications, diaries, notebooks, agreements, reports, articles, books, tables, charts,

schedules, memoranda, accounting books or records, drafts, revisions or amendments of any of

the above, electrical or magnetic recordings, e-mail, texts, vouchers, canceled checks, computer

printouts or any other writings or recordings of any kind or description.

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3. The terms “correspondence” and “communication” shall mean the transmittal of

information and includes all documents concerning conversations, meetings, conferences,

discussions, e-mails, texts, letters, correspondence, memoranda, telecopies, facsimiles, telexes

and/or any other transmittal of information.

4. The term “agreement” means any document or oral understanding that constitutes

or purports to be, in whole or in part, a contract, purchase order, license, lease or custom, and

includes all amendments, modifications, interpretations and drafts thereof, whether or not

executed, and any exercise of an option or rights embodied therein.

5. The terms “and” and “or” shall be construed disjunctively or conjunctively, as

necessary to make the request inclusive rather than exclusive.

6. The term “any” shall be construed to include the word “all” and “all” shall be

construed to include the word “any”.

7. The term “each” includes the word “every” and “every” includes the word “each”.

8. The use of the singular shall include the plural, and vice versa, and the use of the

masculine shall include the feminine and neuter form, and vice versa, as the context requires.

9. The use of a verb in any tense shall be construed as the use of the verb in all other

tenses whenever necessary to bring within the scope of the request all responses that might

otherwise be construed to be outside its scope.

10. The term “Veludi” shall refer to plaintiff Veludi Capital Strategies, LLC, its

employees, agents, officers, directors, managers, supervisors, attorneys and any other persons

acting under the name or authority of Veludi Capital Strategies, LLC.

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11. The term “Mr. Pereira” shall refer to defendant/third-party plaintiff Manuel

Pereira, his employees, agents, officers, directors, managers, supervisors, attorneys and any other

persons acting under the name or authority of Manuel Pereira.

12. The term “Goel” shall refer to third-party defendant Chander K. Goel, his

employees, agents, officers, directors, managers, supervisors, attorneys and any other persons

acting under the name or authority of Chander K. Goel.

13. The term “Kumar” shall refer to third-party defendant Sunil Kumar Ponnumala

a/k/a Sunil Ponnumala Kumar, his employees, agents, officers, directors, managers, supervisors,

attorneys and any other persons acting under the name or authority of Sunil Kumar Ponnumala

a/k/a Sunil Ponnumala Kumar.

14. The term “Dunbar” shall refer to non-party Robert Dunbar, his employees, agents,

officers, directors, managers, supervisors, attorneys and any other persons acting under the name

or authority of Robert Dunbar.

15. The term “Mass Mutual” shall refer to the Massachusetts Mutual Life Insurance

Company, its employees, agents, officers, directors, managers, supervisors, attorneys and any

other persons acting under the name or authority of the Massachusetts Mutual Life Insurance

Company.

16. The term “Mass Mutual Policies” shall refer to those certain Mass Mutual Life

Insurance policies issued to Mr. Pereira, and denominated Policy Nos. 22393975 and 22404822.

17. The term “Premium Financing Loan” shall refer to that any loan issued to Mr.

Pereira by Barrington Bank & Trust Company, N.A. and/or Wintrust Life Finance in connection

with the purchase and/or maintenance of the Mass Mutual Policies.

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18. The term “Lender” shall refer to any party that issued and/or serviced the

Premium Financing Loan, its successors, assigns, employees, agents, officers, directors,

managers, supervisors, attorneys and any other persons acting under the name or authority of any

party that issued and/or serviced the Premium Financing Loan.

19. The term “Queens Property” shall jointly refer to the real properties located at

145-10 Liberty Avenue, Jamaica, New York, Block: 10046, Lot: 0004; and (2) and 145-18

Liberty Avenue, Jamaica, New York, Block: 10046, Lot: 0006.

20. The term “Brokerage Account” shall refer to the account Mr. Pereira formerly

maintained with Merrill Lynch, which served as collateral for the Premium Financing Loan.

21. The term “Guardian Policy” shall refer to that certain life insurance policy, issued

to Mr. Pereira by Guardian Life Insurance Company of America, and denominated Policy No.

6698007.

22. The term “Alleged Note” shall refer to that certain document, dated April 28,

2017 and entitled “Promissory Note,” a copy of which is maintained on this action’s docket at

NYSCEF Doc. No. 4.

23. The term “Alternative Note” shall refer to that certain document likewise dated

April 28, 2017 and entitled “Promissory Note,” a copy of which is maintained on this action’s

docket at NYSCEF Doc. No. 31.

24. The term “Guaranty” shall refer to that certain document entitled “Promissory

Note & Personal Guarteny,” dated April 12, 2018, a copy of which is maintained on this action’s

docket at NYSCEF Doc. No. 19.

25. Any term that is not defined herein has its usual and customary meaning.

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NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2021

INSTRUCTIONS

26. In answering these interrogatories, you are required to furnish all information

available to you or subject to your reasonable inquiry, including information in the possession of

your attorneys, accountants, advisors, investigators, experts or other persons directly or indirectly

employed by or connected with you or your attorneys, and anyone else otherwise subject to your

control.

27. When you are asked to “identify” or where the identity of a person is requested,

you must state his or her full name; present or last known home address and telephone number;

present or last known position and business affiliation or employment and the address and

telephone number there; and his or her employment and position at the time in question. For

persons whose addresses are known to be inaccurate at this time, you must state the most reliable

contact address, telephone number and contact person in your records.

28. Where you are asked to “describe,” “state,” “set forth,” or “identify,” or where a

statement or description is requested, you are required to include a specific account of what is

being stated or described and the basis for the statements, including where applicable, without

limitation, the date or time period involved; the identity of person(s) from whom the information

was learned, who would have knowledge of that information, and/or who participated or were

present; what happened in chronological order relating each identifiable event, response, act, or

other thing; where, by address and, if known, ownership and use, the occurrence took place; the

context or circumstances in which the occurrence took place; and what response or reaction

existed to cause the occurrence to take place and/or was made after the occurrence took place.

29. If any interrogatory has subparts, answer each part separately and in full, and do

not limit your answer to the interrogatory as a whole. The full text of the interrogatory (or part

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thereof) to which any answer is intended to respond is to be restated immediately preceding such

answer. If an interrogatory cannot be answered in full, answer to the extent possible, specify the

reason for your inability to answer the remainder, and state whatever information and knowledge

you have regarding the unanswered portion.

30. These interrogatories are continuing in nature. You are therefore under a duty

reasonably to supplement your responses with respect to any question directly addressed to the

identity and location of persons having knowledge of discoverable matter. You are also under a

duty to amend a prior response to these interrogatories if you obtain information upon the basis

of which you know that the response was incorrect when made, or, though correct when made, is

no longer true and the circumstances are such that a failure to amend the response is in substance

a knowing concealment.

31. If you contend that the answer to any interrogatory is privileged in whole or in

part, or otherwise object to any part of any interrogatory, you are directed to:

a. State in detail the reasons for such objection or grounds for objection;

b. Identify each person having knowledge of the factual basis, if any, on

which the privilege or objection is asserted, including their name, address and

position; and

c. If only a part of the interrogatories is objected to, respond to the remaining

portion.

32. If any document is referred to in any answer to any one of these interrogatories

and such document is regarded by plaintiff to be privileged, provide a brief indication of the

nature of the subject matter and sufficient information to identify the document, the basis for the

claim of privilege, the position held by the person who prepared the document, the document's

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date, the position held by the addressee or addressees, and identify all persons (and their

positions) who received copies of each such document either at the time of the initial distribution

or at any subsequent time.

33. No admission is intended by and none should be inferred from any portion of

these interrogatories.

34. Each paragraph herein should be construed independently and not by reference to

any other paragraph for the purpose of limitation.

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NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2021

INTERROGATORIES

1. Set forth an itemized list of each payment Goel made to any party in connection

with the Mass Mutual Policies and/or the Premium Financing Loan (the “Relevant Payments”).

2. For each Relevant Payment, set forth the date, amount, and payee thereof.

3. Identify the agreement pursuant to which each Relevant Payment was made, and

if none, set forth the circumstances of Goel’s payment thereof.

4. Set forth whether each Relevant Payment was to be applied to the interest on the

Premium Financing Loan and/or any payments due to Mass Mutual.

5. Set forth whether Goel has any interest in the funds allegedly remitted to Mr.

Pereira in connection with the Alleged Note.

6. If the answer to the preceding interrogatory is in the affirmative, describe that

interest in detail.

7. Set forth whether Goel has any interest in the debt purportedly represented by the

Alleged Note.

8. If the answer to the preceding interrogatory is in the affirmative, describe that

interest in detail.

9. Identify, by name, address, and phone number, the individual(s) that sold Mr.

Pereira the Mass Mutual Policies.

10. Identify, by name, address, and phone number, the individual(s) that caused Mr.

Pereira to engage in the Premium Financing Loan.

11. Describe, in detail, the relation between any individual identified in response to

the within Interrogatory Nos. 10 and 11 and Goel.

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12. Identify each job Goel has held during the period of 2000 to the present, inclusive

of the name and last known address of each employer, period of employment, and title(s).

13. Set forth whether Goel has been terminated from any job identified in response to

the within Interrogatory No. 10.

14. If the answer to the preceding interrogatory is in the affirmative, detail the

circumstances under which each termination occurred, inclusive of the basis for each

termination.

15. Set forth whether Goel has been the subject of discipline and/or investigation by

any insurance regulatory body, including without limitation, FINRA and/or any regulatory body

with jurisdiction over Goel’s insurance related operations.

16. If the answer to the preceding interrogatory is in the affirmative, set forth the

conduct at issue in each investigation/disciplinary action.

17. Set forth whether Goel has ever been discovered to have forged any individual’s

signature in connection with the sale, purchase, and/or maintenance of any insurance policy.

18. Set forth an itemized list of each incentive — including without limitation,

commission payments — that Goel received in connection with the Mass Mutual Policies and/or

Premium Financing Loan, as well as the date on which he received such incentive.

19. Describe the intended meaning of the term “compliance” as utilized on Page 2 of

the Guaranty.

20. Set forth whether the office Veludi does, or has in the past, maintain at 180

Maiden Lane, New York, New York 10038 was paid for, in whole or in part, by Mass Mutual.

21. If the answer to the preceding interrogatory is in the affirmative, set forth the

circumstances under which Mass Mutual came to pay for said office.

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22. Set forth whether Goel attempted to utilize the Queens Property as collateral for

the Premium Financing Loan and/or Mass Mutual Policies.

23. If the answer to the preceding Interrogatory is in the affirmative, set forth, in

detail, the impetus for said Goel’s so attempting.

24. Identify each person assisting in answering these Interrogatories.

Dated: Mineola, New York
June 30, 2021

MELTZER, LIPPE, GOLDSTEIN &
BREITSTONE, LLP
Attorneys for Defendant/Third-Party
Plaintiff Manuel Pereira

/s/Adam P. Wald, Esq.
By:________________________________
Adam P. Wald, Esq.
Loretta M. Gastwirth, Esq.
190 Willis Avenue
Mineola, New York 11501
(516) 747-0300, Ext. 528

TO: CARMEL, MILAZZO, AND FEIL, LLP
Attorneys for Plaintiff/Counterclaim Defendant Veludi Capital Strategies and Third-
Party Defendant Chander Goel
3920 Veterans Memorial Highway, Suite 8
Bohemia, New York 11716
Attn: Craig A. Riha, Esq.
(via Email criha@cmfllp.com)

DEVITA & ASSOCIATES
Attorneys for Third-Party Defendant Sunil Kumar Ponnumala a/k/a Sunil Ponnumala
Kumar
1228 Garden Street
Hoboken, New Jersey 07030-4406
Attn: Richard DeVita, Esq.
(via Email rddevita@verizon.net)

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Case Info

Judge

ROY S. MAHON Track Judge’s New Case

Case No.

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Document Filed Date

November 02, 2021

Case Filing Date

December 20, 2019

County

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Exhibit,Appendix: Veludi Capital Strategies v. Manuel Pereira

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