Preview
FILED: NASSAU COUNTY CLERK 04/12/2021 07:24 PM INDEX NO. 612557/2019
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/12/2021
EXHIBIT E
FILED: NASSAU COUNTY CLERK 04/12/2021 07:24 PM INDEX NO. 612557/2019
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/12/2021
KAZLOW & KAZLOW
ATTORNEYS AT LAW
NEW YORK OFFICE www.kazlowandkazlow.com VERMONT AFFlLIATI
237 W. 356 Street, 14* Floor CSE Law PLC
New York, NY 10001 P.O. Box I385
Phone:(212) 947-2900 VT 05601
Montpelier,
Toll Frce: (800)772-9870 Phone:(800)772-9870
Fax: (212) 563-0629
September 4, 2020
Gene R. Knzlow,
Esq.
StuartL. Sanders, Esq.
IngridGolemi, Esq.
VIA E-MAIL AND REGULAR MAIL
Howard B. Kleinberg, Esq.
Daniel B. Rinaldi, Esq.
Meyer, Suozzi, English & Klein, P.C.
990 Stewart Avenue, Suite 300
P.O. Box 9194
Garden City, NY 11530-9194
Re: Roxx Alison Ltd. v. Snectrum Blue. LLC et al.
Sup. Ct., Nassau Co., Index No. 611620/2019
Spectrum Blue. LLC v. Daniel Alibayof
Sup. Ct.,Nassau Co., hidex No. 612557/2019
Daniel Alibayof and Ronny Alibavof v. Jocalio Group LLC
Sup. Ct.,Nassau Co., Index No. 612571/2019
Dear Howard and Dan:
I am responding to Dan's letter of August 28, 2020.
I am not yet in the position to comment on your suggestion that your document
production of August 14, 2020 adequately addresses my concerns, since Iam stillreviewing your
discovery"
documents. However, I agree that we need "a further discussion regarding seeing that
you have stood by your refusal to answer 35 interrogatories or to produce documents and things
in response to 34 requests.
To this point, Ihave reviewed approximately half of the more than 4,000 pages that you
14th
delivered on August (aSide from fact that you produced the documents in an electronic
format which created severe distortions when I tried to save them at my end, as I have mentioned
in prior correspondence, I have needed to divert to other matters, as I am the only attorney at this
small firm who handles litigations of this type and scale). As a result, I doubt thatI ivillbe ready
discussion"
to have that "further before next Wednesday's conference. I would therefore be open
FILED: NASSAU COUNTY CLERK 04/12/2021 07:24 PM INDEX NO. 612557/2019
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/12/2021
Howard B. Kleinberg, Esq.
Daniel B. Rinaldi, Esq.
September 4, 2020
Page 2
to adjourning the conference unless you see some value in speaking with Ms. Coschignano
before we attempt to resolve our disputes on our own (ifwe do not adjourn it,then please send
me the call- in information).
With respect to the firstof the two concerns that Dan's letter conveyed regarding my
clients'
document production, I failto see the relevance of documents and communications
concerning Spectrum Blue's law suit against Ronny Alibayof, in which a default judgment was
entered, especially since Ronny Alibayof's motion to vacate his default was denied. What Ronny
Alibayof knew or did not know concerñiñg the pendency of the case against him has nothing at
allto do with the merits of Spectrum Blue's claims against Danny Alibayof or Roxx Alison's
claims against Spectrum Blue.
Regarding your second concern, the objections to Request No. 3 in the Jocalio suit were
that the request is unduly vague and ambiguous, and overly broad. You evidently agree, as you
have sought to more specifically state the request in Dan's letter. Now that you have done so,
however, ithas become apparent to me that the request is utterly irrelevant to the Jocalio case, in
Alibayofs'
which only the claim for breach of their commission agreeñieñt with Jocalio is at
issue. As far as I am aware, Jocalio was not even in existence in Nevernber 2016, and never had
relationship" relationship"
a "lending with the Alibayofs. Plainly, the "lending was between
Roxx Alison and Spectrum Blue, neither of which are parties in the Jocatio action. Moreover,
there is no connection that I can discern between any payments that Roxx Alison or the Alibayofs
Alibayofs'
received from Roxx Alison's customers, and the sales by Jocalio on which the claim
for commissions is based. As Dan noted, my "clients claim to have provided documents and
communications respensive to a similar document demma (number 6) in Roxx Alison Ltd. v.
"
Spectrum Blue, LLC. That isthe action in which the demand made sense, and itwas not
refused.
Very truly yours,
LOW & KAZLOW
art L. anders
Preview
FILED: NASSAU COUNTY CLERK 04/12/2021 07:24 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/12/2021 EXHIBIT E FILED: NASSAU COUNTY CLERK 04/12/2021 07:24 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/12/2021 KAZLOW & KAZLOW ATTORNEYS AT LAW NEW YORK OFFICE www.kazlowandkazlow.com VERMONT AFFlLIATI 237 W. 356 Street, 14* Floor CSE Law PLC New York, NY 10001 P.O. Box I385 Phone:(212) 947-2900 VT 05601 Montpelier, Toll Frce: (800)772-9870 Phone:(800)772-9870 Fax: (212) 563-0629 September 4, 2020 Gene R. Knzlow, Esq. StuartL. Sanders, Esq. IngridGolemi, Esq. VIA E-MAIL AND REGULAR MAIL Howard B. Kleinberg, Esq. Daniel B. Rinaldi, Esq. Meyer, Suozzi, English & Klein, P.C. 990 Stewart Avenue, Suite 300 P.O. Box 9194 Garden City, NY 11530-9194 Re: Roxx Alison Ltd. v. Snectrum Blue. LLC et al. Sup. Ct., Nassau Co., Index No. 611620/2019 Spectrum Blue. LLC v. Daniel Alibayof Sup. Ct.,Nassau Co., hidex No. 612557/2019 Daniel Alibayof and Ronny Alibavof v. Jocalio Group LLC Sup. Ct.,Nassau Co., Index No. 612571/2019 Dear Howard and Dan: I am responding to Dan's letter of August 28, 2020. I am not yet in the position to comment on your suggestion that your document production of August 14, 2020 adequately addresses my concerns, since Iam stillreviewing your discovery" documents. However, I agree that we need "a further discussion regarding seeing that you have stood by your refusal to answer 35 interrogatories or to produce documents and things in response to 34 requests. To this point, Ihave reviewed approximately half of the more than 4,000 pages that you 14th delivered on August (aSide from fact that you produced the documents in an electronic format which created severe distortions when I tried to save them at my end, as I have mentioned in prior correspondence, I have needed to divert to other matters, as I am the only attorney at this small firm who handles litigations of this type and scale). As a result, I doubt thatI ivillbe ready discussion" to have that "further before next Wednesday's conference. I would therefore be open FILED: NASSAU COUNTY CLERK 04/12/2021 07:24 PM INDEX NO. 612557/2019 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/12/2021 Howard B. Kleinberg, Esq. Daniel B. Rinaldi, Esq. September 4, 2020 Page 2 to adjourning the conference unless you see some value in speaking with Ms. Coschignano before we attempt to resolve our disputes on our own (ifwe do not adjourn it,then please send me the call- in information). With respect to the firstof the two concerns that Dan's letter conveyed regarding my clients' document production, I failto see the relevance of documents and communications concerning Spectrum Blue's law suit against Ronny Alibayof, in which a default judgment was entered, especially since Ronny Alibayof's motion to vacate his default was denied. What Ronny Alibayof knew or did not know concerñiñg the pendency of the case against him has nothing at allto do with the merits of Spectrum Blue's claims against Danny Alibayof or Roxx Alison's claims against Spectrum Blue. Regarding your second concern, the objections to Request No. 3 in the Jocalio suit were that the request is unduly vague and ambiguous, and overly broad. You evidently agree, as you have sought to more specifically state the request in Dan's letter. Now that you have done so, however, ithas become apparent to me that the request is utterly irrelevant to the Jocalio case, in Alibayofs' which only the claim for breach of their commission agreeñieñt with Jocalio is at issue. As far as I am aware, Jocalio was not even in existence in Nevernber 2016, and never had relationship" relationship" a "lending with the Alibayofs. Plainly, the "lending was between Roxx Alison and Spectrum Blue, neither of which are parties in the Jocatio action. Moreover, there is no connection that I can discern between any payments that Roxx Alison or the Alibayofs Alibayofs' received from Roxx Alison's customers, and the sales by Jocalio on which the claim for commissions is based. As Dan noted, my "clients claim to have provided documents and communications respensive to a similar document demma (number 6) in Roxx Alison Ltd. v. " Spectrum Blue, LLC. That isthe action in which the demand made sense, and itwas not refused. Very truly yours, LOW & KAZLOW art L. anders