Preview
(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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K.Y.W ENTERPRISE TRUST, Civil Action No.:
653071/2017
Plaintiff,
-against- RESPONSE TO COMBINED
DISCOVERY DEMANDS
LES 106 RIV, LLC,
Defendant.
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PLEASE TAKE NOTICE that Defendant LES 106 RIV, LLC (“Defendant”), by and
through their undersigned attorney, ABE GEORGE, ESQ., of the LAW OFFICES OF ABE
GEORGE, P.C., hereby submits Defendants’ Objections and Responses to Plaintiff's Combined
Discovery Demands and Request for Production of Documents as follows:
I. GENERAL OBJECTIONS, COMMENTS, AND QUALIFICATIONS
The following General Objections and Comments (the “General Objections”) apply to each
request and are expressly incorporated into the response to each one. By providing a specific
response to any request, Defendants do not waive or otherwise limit these General Objections.
Furthermore, reference to these General Objections in any specific response shall not waive or
otherwise limit the applicability of these General Objections to each and every other response.
1. Defendants object to each request to the extent that it seeks documents not
reasonably available to, or not within their possession, custody or control.
2. Privilege Objection. Defendants object to each request to the extent that it seeks
documents protected by any privilege, including without limitation, the attorney-client privilege.
Such documents will not be produced. Any inadvertent production of privileged documents shall
not constitute a waiver of any applicable privilege.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
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3. Work Product Objection. Defendants object to each request to the extent that it
seeks documents prepared by them or their representatives in anticipation of litigation and/or trial.
Such documents will not be produced. Any inadvertent production of documents comprising work
product shall not constitute a waiver of any applicable work product immunity.
4. Relevance Objection. Defendants object to each request to the extent that it seeks
documents not relevant to the issues involved in this action or reasonably calculated to lead to the
discovery of relevant evidence.
5. Undue Burden Objection. Defendants object to each request to the extent that it is
vexatious and/or unduly burdensome, including for example and without limitation, a request that
is not limited in time and scope.
6. Vagueness Objection. Defendants object to each request to the extent that it is
vague, ambiguous, or unclear as to what is sought.
7. Overbreadth Objection. Defendants object to each request to the extent that it is
overly broad and fails to set forth with reasonable particularity the documents requested.
8. Prematurity Objection. Defendants object to each request to the extent that it seeks
documents upon which the Defendants intend to “rely” or “base” their case or which concerns any
“proposed” witnesses as Defendants do not know at this stage what evidence they will seek to
introduce, or which witnesses will testify at trial.
9. Defendants object to each request to the extent that it seeks information reflecting
the opinions, mental impressions, conclusions, or legal theories of their counsel, or other
representatives.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022
10. Defendants object to each request to the extent that it seeks information which is
already in the possession, custody or control of Plaintiffs and/or Plaintiffs’ counsel, or is otherwise
publicly available.
11. Defendants object to each request to the extent that it assumes facts not in evidence,
or not otherwise accepted or conceded by Defendants.
12. To the extent that Defendants produce documents, Defendants do not necessarily
concede that the documents requested are relevant to this action. Defendants expressly reserves
the right to object to further discovery into the subject matter of any requested category of
documents and the introduction into evidence of any document or portion thereof.
13. A written response to any request is not deemed to be an admission that Defendants
have any documents responsive to the request.
14. Defendants expressly reserve the right to supplement these objections and
comments, as well as its responses to the request.
SPECIFIC RESPONSES AND OBJECTIONS
I. DEMAND FOR EXPERTS’ REPORTS
Defendant responds to this demand as follows:
1-5) There are no known expert reports at this time. Pursuant to the CPLR, Plaintiff
reserves the right to supplement this response in the event an expert witness is retained.
I. DEMAND FOR PHOTOGRAPHS
Defendant responds to this demand as follows:
1-2) There are no photographs at this time. Pursuant to the CPLR, Plaintiff reserves the
right to supplement this response in the event an expert witness is retained.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022
Ill. DEMAND FOR COPIES OF STATEMENTS
Defendant responds to this demand as follows:
1-3) Defendant does not possess any written or recorded statements.
IV. DEMAND FOR WITNESSES
Plaintiff responds to this demand as follows:
1) The Following witnesses known to the defendant can be reached through my
office: Daniel Khandhorov, Alex Gutarts, Akiva Ofshtein, Zhan Petrosyants, Acmal
Muhamatkulov of Prime Home Renovation, Old Electrical Corp., & Yaker engineering
Additionally, defendants disclose the following witnesses whose addresses are not known:
Charles Wu, Sam Wu, Jose O. Rodriguez and lastly Benjamin Pinczewski who can be reached
at his law firm of Pinczewski & Shpelfogel, PC, located at 2753 Coney Island Avenue,
Brooklyn, NY, 11235-5015. Defendant reserves the right to supplement this list.
V. DEMAND FOR DOCUMENTS:
1) All documents relating to, or concerning the ownership, use and/or occupancy of
any portion of the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
2) All documents relating to, or concerning the ownership, use and/or occupancy of
any portion of the Premises from 2011 to present
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022
3) Copies of ALL of Defendant’s Occupancy agreement/Leases for any portion of
the Building from 2011 to present.
OBJECTION & RESPONSE: Plaintiff objects to this request, in that it seeks information
that is overbroad and further objects on the grounds it seeks documents and/or information
within Plaintiffs alleged records, custody and control. Notwithstanding relevant
documents are produced as bait stamped “D1-D77.”
4) Copies of ALL of Defendant’s Occupancy agreement/Leases for any portion of
the Premises from 2011 to present.
OBJECTION & RESPONSE: See Response to Document Demand # 2.
5) All documents, records, closing statements, stock issuance/transfer documents,
attendance sheets, certificates, along with copies of any documents or papers given/received,
relating to complying with the terms of any Occupancy Agreement/Lease for any portion of the
Building from 2011 to present.
OBJECTION & RESPONSE: See Response to Document Demand # 2.
6) All documents, records, closing statements, stock issuance/transfer documents,
attendance sheets, certificates, along with copies of any documents or papers given/received,
relating to complying with the terms of any Occupancy Agreement/Lease for any portion of the
Premises from 2011 to present.
OBJECTION & RESPONSE: See Response to Document Demand # 2.
7) Copies of Defendant LES 106 RIV, LLC formation documentation, along with
any amendments, updates, changes and/or revisions from 2011 to present.
OBJECTION & RESPONSE: Plaintiff objects to Defendants’ request, as it is overbroad,
vague, ambiguous, and unduly burdensome. Plaintiff objects to this request, in that it seeks
information that is irrelevant, and not reasonably calculated to lead to the discovery of(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM
NYSCEF DOC. NO. 52
admissible evidence, nor is it relevant to Plaintiff's claims or Defendants’ defenses.
Notwithstanding these objections, responsive documents are documents are produced as
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bait stamped “D73-D77.”
8)
Copies of Defendant LES 106 RIV, LLC Rules and Regulations, along with any
amendments, updates, changes and/or revisions from 2011 to present.
OBJECTION & RESPONSE: PI.
vague, ambiguous, and unduly bur
information that is irrelevant, and
admissible evidence, nor is it re
Notwithstanding these objections,
bait stamped “D73-D77.”
9) Copies of Defendant LES
updates, changes and/or revisions from 20
aintiff objects to Defendants’ request, as it is overbroad,
lensome. Plaintiff objects to this request, in that it seeks
not reasonably calculated to lead to the discovery of
evant to Plaintiffs claims or Defendants’ defenses.
responsive documents are documents are produced as
06 RIV, LLC By-Laws along with any amendments,
1 to present.
OBJECTION & RESPONSE: Plaintiff objects to Defendants’ request, as it is overbroad,
vague, ambiguous, and unduly bur
information that is irrelevant, and
admissible evidence, nor is it re
Notwithstanding these objections,
bait stamped “D73-D77.”
10) Copies of Defendant LES
amendments, updates, changes and/or revi
OBJECTION & RESPONSE: P|
lensome. Plaintiff objects to this request, in that it seeks
not reasonably calculated to lead to the discovery of
evant to Plaintiffs claims or Defendants’ defenses.
responsive documents are documents are produced as
06 RIV, LLC Member Agreement, along with any
sions from 2011 to present.
aintiff objects to Defendants’ request, as it is overbroad,
vague, ambiguous, and unduly burdensome. Plaintiff objects to this request, in that it seeks
information that is irrelevant, an
admissible evidence, nor is it rel
not reasonably calculated to lead to the discovery of
evant to Plaintiffs claims or Defendants’ defenses.
Notwithstanding these documents do not exist.
11) — Copies of all minutes, meet
LES 106 RIV, LLC.
OBJECTION & RESPONSE: PI.
ing notes, memorandums, create by or for Defendant
aintiff objects to Defendants’ request, as it is overbroad,
vague, ambiguous, and unduly burdensome. Plaintiff objects to this request, in that it seeks(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
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information that is irrelevant, and not reasonably calculated to lead to the discovery of
admissible evidence, nor is it relevant to Plaintiff's claims or Defendants’ defenses.
Notwithstanding these documents do not exist.
12) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, given and/or sent to members
and/or stockholders of Defendant LES 106 RIV, LLC from 201 to present.
OBJECTION & RESPONSE: Plaintiff objects to Defendants’ request, as it is overbroad,
vague, ambiguous, and unduly burdensome. Plaintiff objects to this request, in that it seeks
information that is irrelevant, and not reasonably calculated to lead to the discovery of
admissible evidence, nor is it relevant to Plaintiff's claims or Defendants’ defenses.
Notwithstanding these documents do not exist.
13) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, given, sent, or prepared by
Defendants, and/or Defendants’ agents, regarding the Building from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
14) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, given, sent, or prepared by
Defendants, and/or Defendants’ agents, regarding the Premises from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
15) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, given, sent, or prepared by(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM
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RECEIVED NYSCEF:
Defendants, and/or Defendants’ agents, to Plaintiff and/or Plaintiff's agents from 2011 to
present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
16) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, given, sent, or prepared by
Defendants, and/or Defendants’ agents, to Jose Rodriguez from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
17) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, received by Defendants, and/or
Defendants’ agents, regarding the Building from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
18) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, received by Defendants, and/or
Defendants’ agents, regarding the Premises from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
09/06/2022(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM
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documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
19) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, received by Defendants, and/or
Defendants’ agents, from Plaintiff and/or Plaintiffs agents from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
20) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, received by Defendants, and/or
Defendants’ agents, from the Jose Rodriguez from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
21) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, sent by Defendants, and/or
Defendants’ agents, regarding compliance with the Lease from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
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22) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, received by Defendants, and/or
Defendants’ agents, regarding amending and/or assigning the Lease from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are documents
are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this
demand as responsive documents become available.
23) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, showing Defendants continued use
and/or occupancy of the Premises and/or Building from 2015 to 2017.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
24) Copies of all documents, statements, mailings, letters, newsletters, memorandums,
correspondence, electronic message, and/or announcements, received by Defendants, and/or
Defendants’ agents, from Plaintiff and/or Plaintiffs agents from 2011 to present.
OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel. Notwithstanding these objections, responsive documents are
documents are produced as bait stamped “D1-D77.” Defendants reserve the right to
supplement this demand as responsive documents become available.
25) Identifying information including caption, index number, and court, along with
copies of all pleadings of any and all legal proceedings against, or initiated by, any of the
Defendants in this action, related to the Building and/or Premises. From 2011 to present.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
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OBJECTION: Plaintiff objects to this request as being overly broad and demanding
information already in the possession, custody and control of this defendants and their
respective counsel.
26) Copies of all documents, statements, memorandums, correspondence, electronic
message, and/or record, showing any and all steps taken by to Defendants to follow the terms of
the Lease and/or its amendments/riders, from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D72.”
27) Copies of all documents, statements, memorandums, correspondence, electronic
message, and/or record, showing any and all steps taken by to Defendants to pay monies owed
under the Lease and/or its amendments/riders, from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D72.”
28) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by Defendants to
pay rent and/or use and occupancy for the Premises and/or the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D72.”
29) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by to Defendants
to pay Real Estate Tax for the Premises and/or the Building from 2011 to present.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
30) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by to Defendants
to pay Utilities for the Premises and/or the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
31) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by to Defendants
to maintain the Premises and/or the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
32) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by to Defendants
to resolve any and/or HPD violations for the Premises and/or the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022
33) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by to Defendants
to renovate the Premises and/or the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
34) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by Defendants to
mitigate damages for the Premises and/or the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
35) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by to Defendants
to mitigate damages for the Plaintiff from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
36) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by to Defendants
to obtain approval for subletting the Premises and/or the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017
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37) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, showing any and all steps taken by to Defendants
to pay subletting fees the Premises and/or the Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
38) Copies of all documents, statements, memorandums, correspondence, electronic
message, checks, money orders, and/or record, relating to subletting the Premises and/or the
Building from 2011 to present.
OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks
information that is overbroad and further objects on the grounds it seeks documents and/or
information within Plaintiff's alleged records, custody and control. Notwithstanding
relevant documents are produced as bait stamped “D1-D77.”
LAW OFFICES OF ABE GEORGE, P.C.
By: /s/
Abe George, Esq
40 Wall Street, 60" Floor
New York, N.Y. 10005
(P) (212) 498-9803
(F) (646) 558-7533
abe@abegeorge.lawyer
Attorney for Defendant
To:
Vincent Wong, Esq.
Law Offices of Vincent S. Wong
39 East Broadway, Suite 306
New York, NY 10002
Tel: 212-349-6099
Attorney for PlaintiffINDEX NO. 653071/2017
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NYSCEF DOC. NO. 52
VERIFICATION
ALEX GUTGARTS, being duly sworn, deposes and says:
!am member of LES 106 RIV. LLC, and | have reviewed Defendants’
Objections and Responsés ic ‘Pigintiffs Combined Discovery Demands and Request for
Production of Documents and based upon personal knowledge and on information and
documents that have been relayed to me by my lawyer Abe George, Esq.. | believe the
responses therein are true and correct to the best of my knowledge.
LEX LiceiTS
Member of LES 106, RIV. LLC
SWORN to me on this © “day
November, 2019
——
NOTARY PUBLIC
ABE M. GEORGE
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 02GE6322473
(Qualified in Rings Couty
Coumission Expires Apri 6, 209.2%,INDEX NO. 653071/2017
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(FILED: NEW YORK COUNTY CLERK
NYSCEF DOC. NO. 52
Addendum made this 20°" day of September 2016 to a certain agreement dated December 4, 2014 and
amended in writing on December 9, 2014 by and between
106 On the LES , LLC by Jose Orlando Rodriguez and
LES 106 Riv, LLC by Akiva Ofstein ,
Whereas 106 On the LES was the holder of a certain lease to the premises set forth above and did for
consideration assign said lease and lease agreement and facilitate the entering into a new lease
agreement and extension with landlord KYW Enterprise Trust Agreement in favor of LES 106 RIV , LLC
and,
Whereas the total consideration paid for this lease assignment , lease extension and facilitation with
Landlord was Two Hundred and Fifty Thousand ( $250,000 ) Dollars and whereas until today’s date
Twenty Thousand ($ 20,000 ) Dollars remained due and owing
And Whereas today 106 On the LES , LLC acknowledges receipt of the final outstanding amount due and
does hereby declare that any and all monies due under the agreement and amended agreements have
now been paid in full, and that it shall waive any and all late fees set forth within said agreements and
will use its best efforts to cooperate and facilitate any and all interactions between LES 106 Riv, LLC and
landlord and help in any efforts either through mettings, negotiations and or litigation to aid LES 106
RIV, LLC to enforce said lease assignment, extension and new lease agreement .
Agreed to and Accepted by: ;
OL fre dag Se lL kfc rr A,
fe
0 fobigm BENIAMIN PINCZEWSKI 2d 5
y : Jose Orlando Rodriguez on Yt 0916079906 ; {c : f-
Qualified in Kings County ( ee q
And; Commission Expires 09/03/20__
LES 106 RIV, LLC., COYy
By : Akiva Ofshtein
ZH An Lerroeypalts
IN PINCZEWSKI
Public - New York State
No. 02P16079906
Qualified In Kings County Ly
Commission Expires 09/03/20.
Glue fy re bly 20 rhINDEX NO. 653071/2017
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(FILED: NEW YORK COUNTY CLERK
NYSCEF DOC. NO. 52
Addendum made this 20°" day of September 2016 to a certain agreement dated December 4, 2014 and
amended in writing on December 9, 2014 by and between
106 On the LES , LLC by Jose Orlando Rodriguez and
LES 106 Riv, LLC by Akiva Ofstein ,
Whereas 106 On the LES was the holder of a certain lease to the premises set forth above and did for
consideration assign said lease and lease agreement and facilitate the entering into a new lease
agreement and extension with landlord KYW Enterprise Trust Agreement in favor of LES 106 RIV , LLC
and,
Whereas the total consideration paid for this lease assignment , lease extension and facilitation with
Landlord was Two Hundred and Fifty Thousand ( $250,000 ) Dollars and whereas until today’s date
Twenty Thousand ($ 20,000 ) Dollars remained due and owing
And Whereas today 106 On the LES , LLC acknowledges receipt of the final outstanding amount due and
does hereby declare that any and all monies due under the agreement and amended agreements have
now been paid in full, and that it shall waive any and all late fees set forth within said agreements and
will use its best efforts to cooperate and facilitate any and all interactions between LES 106 Riv, LLC and
landlord and help in any efforts either through mettings, negotiations and or litigation to aid LES 106
RIV, LLC to enforce said lease assignment, extension and new lease agreement .
Agreed to and Accepted by: ;
OL fre dag Se lL kfc rr A,
fe
0 fobigm BENIAMIN PINCZEWSKI 2d 5
y : Jose Orlando Rodriguez on Yt 0916079906 ; {c : f-
Qualified in Kings County ( ee q
And; Commission Expires 09/03/20__
LES 106 RIV, LLC., COYy
By : Akiva Ofshtein
ZH An Lerroeypalts
IN PINCZEWSKI
Public - New York State
No. 02P16079906
Qualified In Kings County Ly
Commission Expires 09/03/20.
Glue fy re bly 20 rhINDEX NO. 653071/2017
RECEIVED NYSCEF: 09/06/2022
(FILED: NEW YORK COUNTY CLERK
NYSCEF DOC. NO. 52
Addendum made this 9" of December, 2014, to Agreement executed on December 4, 2014, by and
between:
106 on the L.E.S. LLC, (hereinafter “106”), Jose Orlando Rodriguez, Robert Payne and LES 106 RIV, LLC,
{hereinafter “LES 106”), (hereinafter collectively know as “Parties”};
Whereas, 106 consists of two Members, Jose Orlando Rodriguez with an address at 112 Suffolk Street,
Apt 3 C, NY, NY 10002 and Robert Payne with an address at S11 Avenue of the America’s , New York,
NY 10011, (hereinafter collectively know as “Members”};
Whereas, pursuant to the written agreement dated December 4, 2014 and the consideration made
therein, the Members make the additional representations and indemnifications to LES 106, in that:
Members represent that they are the two sole members of 106;
Members represent that they had and have the power and authority to enter into the Agreement dated
December 4, 2014;
Members, indemnify and hold harmless individually, jointly and with severable liability, on behalf of 106
and individually, to LES 106, that if any other party claims rights to the Lease {attached to December 4,
2014 Agreement) or owning units of 106 or being a member in 106, then Members shall defend LES 106
from any and all claims, in any forum/jurisdiction, pay for attorney fees and any associated costs with
said defense. LES 106 shall choose the defense attorney;
Members, indemnify and hold harmless individually, jointly and with severable liability, on behalf of 106
and individually, to LES 106, that if any other party claims that 106 or the individual Members owe any
debt, arising from being the former lessees of 106 Rivington Street, New York, NY 10002, then Members
shall defend LES 106 from any and all claims, in any forum/jurisdiction, pay for attorney fees and any
associated costs with said defense. LES 106 shal! choose the defense attorney;
Members, indemnify and hoid harmless individually, jointly and with severable liability, on behalf of 106
and individually, to LES 106, its successors and assigns from any and ali further claims, lawsuits and or
liens and or encumbrances which may exist or existed against 106 or Members individually and
understand that upon receipt of the consideration as set forth in Agreement, they shall have no further
claims, rights or interest with respect to 106, Lease, Rider, letter of estoppel or assignment of lease as
executed by the Landiord. Nor shall there be any claim individuaily by either Payne or Rodriguez against
LES 106 for the failure to receive money as set forth below once same has been released and the funds
cleared pursuant to authorization to release funds from escrow.
Members’ failure to defend any of the above, may result in actual, consequential and/or compensatory
damages to LES 106, and any attorney fees and costs incurred by LES 106, will be owed and recoverable
from the Members individually or jointly, with severable liability.
Members’ failure to defend any of the above, would result in LES 106’s reputation and good being
damaged, causing LES 106 liquidated damages in the amount of fifty thousand dollars ($50,000).
Members and 106 agree that LES 106’s’ reputation and good will be and are hard to quantify and/or
qualify, hence the liquated damages are reasonable herein.INDEX NO. 653071/2017
RECEIVED NYSCEF: 09/06/2022
(FILED: NEW YORK COUNTY CLERK
NYSCEF DOC. NO. 52
Members have and had the opportunity to read and have an attorney or counsel of their own choosing
review this Addendum and Agreement; and understood their rights to have this Addendum and
Agreement reviewed by another attorney, and execute this Addendum without any duress or pressure,
for the consideration as set forth in Agreement, and approve and authorize Jose Orlando Rodriguez
having previously entered into the Agreement on behalf of 106.
LES 106 shall, indemnify and hold harmless the Members only, from any and all further claims, lawsuits
and or liens and or encumbrances which may arise out of act(s) by LES 106 after the execution of this
Addendum by all Parties. LES 106 shall choose and pay for the attorney and costs, if any, for the
Members. Members can choose their own attorney, but at their sole cost and expense.
This Addendum shall be governed in accordance with the Laws of the State of New York., County of New
York.
This Addendum supersedes, amends and replaces any and all prior written or oral agreements or
understandings contemplated or entered into between the Parties and constitutes the entire
Agreement/Addendum between the Parties, it may not be changed, altered or modified exceptin a
writing executed by all Parties hereto.
This Addendum may be executed in any number of counterparts, each of which when so executed shail
be deemed to be an original and ail of which together shall constitute but one and the same instrument.
PDF, facsimile, photograph or other copy of this Addendum shall be deemed as original for any purposes
whatsoever, and Parties agrees not to use the defense of non-original copy for any purposes
whatsoever.
This Addendum and Agreement shall be binding upon the heirs, successors and assigns of 106 on the
LES, LLC, Jose Orlando Rodriguez and Robert Payne.
Upon signing of this Addendum and release of escrow funds, 106 and Members shall deliver, in hand to
LES 106, all keys and their copies, for any and all doors to 106 Rivington Street, New York, NY.
Agreed to and Accepted by:
Jose Orlando Rodriguez, individuafly and as managing Member 106 on the L.£.S., LLC
Robert Payne, individually and as a Member of 106 on the L.E.S., LLCINDEX NO. 653071/20
RECEIVED NYSCEF: 09/06/202!
D00005
nt dated December 4, 2014 and
his 20°" day of September 2016 to a certain agreeme
and between
Addendum made t
amended in writing on December 9, 2014 by
106 On the LES, LLC by Jose Orlando Rodriguez and
the premises set forth above and did for
\itate the entering into a new \ease
ment in favor of LES 106 RIV , LLC
LES 106 Riv, LLC by Akiva Ofstein,
Whereas 106 On the LES was the holder of a certain lease to
ase and lease agreement and faci
ith landlord KYW Enterprise Trust Agree
ent, lease extension and facilitation
as until today’s date
consideration assign said le
agreement and extension w
with
ease assignm
d ($250,000 ) Dollars and where
\ outstanding amount due and
today 106 On the LES, LLC acknowledges receipt of the fina
hat any and all monies due under the agreement and amended agreements have
t shall waive any and all late fees set forth within said agreements and
te and facilitate any and all interactions between LES 106 Riv, LLC and
ettings, negotiations and or litigation to aid LES 106
and,
Whereas the total consideration paid for this |
Landlord was Two Hundred and Fifty Thousan
) Dollars remained due and owing
Twenty Thousand ( $ 20,000
And Whereas
does hereby declare t
now been paid in full, and that i
will use its best efforts to coopera
fforts either through m
landlord and help in any €
RIV, LLC to enforce said lease assignment, extens
Agreed to and Accepted by:
ion and new lease agreement .
106 On the LES, LLC
ay « lase Orlando R«INDEX NO. 653071/2017
RECEIVED NYS@BE: @9/186/2022
(FILED: NEW YORK COUNTY CLERK
NYSCEF D9Go/¥8145424:50 7188515300
Addendum made this 9" of December, 2014, to Agreement executed on December 4, 2014, by and
between:
106 on the LE.S. LLC, (hereinafter ”106"), Jose Orlando Rodriguez, Robert Payne and LES 106 RIV, LLC,
(hereinafter “LES 106”), (hereinafter collectively know as “Parties”);
Whereas, 106 consists of two Members, Jose Orlando Rodriguez with an address at 112 Suffolk Street,
Apt 3.C, NY, NY 10002 and Robert Payne with an address at 511 Avenue of the America’s , New York,
NY 10011, (hereinafter collectively know as “Members”);
Whereas, pursuant to the written agreement dated December 4, 2024 and the consideration made
therein, the Members make the additional representations’‘and indemnifications to LES 106, in that:
Members represent that they are the two sole members of 106;
Members represent that they had and have the power and authority to enter into the Agreement dated
December 4, 2014;
Members, indemnify and hold harmless individually, jointly and with severable liability, on behalf of 106
and individually, to LES 106, that if any other party claims rights to the Lease (attached to December 4,
2014 Agreement) or owning units of 106 or being a member in 106, then Members shall defend LES 106
from any and all claims, in any forum/jurisdiction, pay for attorney fees and any associated costs with
sald defense. LES 106 shall choose the defense attorney; ‘
Members, indemnify and hold harmless individually, jointly and with severable liability, on behalf of 106
and individually, to LES 106, that if any other Party claims that 106 or the individual Members owe any
debt, arising from being the former lessees of 106 Rivington Street, New York, NY 10002, then Members
shall defend LES 106 from any and ail claims, in any forum/jurisdiction, pay for attorney fees and any
associated costs with said defense, LES 206 shail choose the defense attorney;
Members, indemnify and hold harmless tndividually, jointly and with severable liability, on behalf of 106
and individually, to LES 106, its successors and assigns from any and all further claims, tawsuits and or
liens and or encumbrances which may exist of existed against 106 or Members individually and
understand that upon receipt of the consideration as set forth in Agreement, they shall have no further
claims, rights or interest with respect to 206, Lease, Rider, letter of esto: ppel or assignment of lease as
executed by the Landlord, Nor shall there be any claim individually by either Payne or Rodriguez against
LES 106 for the failure to receive money as set forth helow once same has been released and the funds
Cleared pursuant to authorization to release funds from escrow.
Members’ failure to defend any of the above, may result in actual, consequential and/or compensatory
damages to LES 106, and any attorney fees and casts incurred by LES 106, will be owed and recoverable
from the Members individually or jointly, with severable liability. .
Members’ failure to defend any of the above, would result in LES 106’s reputation and good being
damaged, causing LES 106 liquidated damages in the amount of fifty thousand dollars ($50,000).
Members and 106 agree that LES 106's’ reputation and good will be and are hard to quantify and/or
qualify, hence the liquated damages are reasonable herein.INDEX NO. 653071/2017
RECEIVED NYSSefe: Q9/86/2022
(FILED: NEW YORK COUNTY CLERK
NYSCEF DOGe/HO4 5B4:58 7188515300
Members have and had the Opportunity to read and have an attorney or counsel of thelr own choosing
review this Addendum and Agreement; and understood their rights to have this Addendum and
Agreement reviewed by another attorney, and execute this Addendum without any duress or pressure,
for the consideration as set forth in Agreement, and approve and authorize Jose Orlando Rodriguez
having previously entered into the Agreement on behalf of 106.
LES 106 shail, indernnify and hold harmless the Members only, from any and all further claims, lawsuits
and or liens and or encumbrances which May arise out of act(s) by LES 106 after the execution of this
Addendum by all Parties. LES 106 shail choose and pay for the attorney and costs, if any, for the
Members. Members can choose their own attorney, but at their sole cost and expense.
This Addendurn shall be governed in accordance with the Laws of the State of New York., County of New
York.
This Addendum supersedes, amends and replaces any and all prior written or oral agreements or
understandings contemplated or entered into between the Parties and constitutes the entire
Agreement/Addendum between the Parties, it may not be changed, altered or modified exceptina
writing executed by all Parties hereto.
This Addendum may be executed in any number of counterparts, each of which when so executed shall
be deemed to be an original and all of which together shall constitute but one and the same instrument.
PDF, facsimile, photograph or other copy of this Addendum shall be deemed as. original for any purposes
whatsoever, and Parties agrees not to use the defense of non-original copy for any purposes
whatsoever.
This Addendum and Agreement shall be binding upon the heirs, successors and assigns of 106 on the
LES, LLC, Jose Orlando Rodriguez and Robert Payne.
Upon signing of this Addendum and release of escrow funds, 106 and Members shall deliver, in hand to
LES 106, all keys and their coples, for any and all doors to 106 Rivington Street, New York, NY.
Agreed to and Accepted by:
tvigually and as mi i ember 106 on the LES. LLC
aly and as managing Member 106 09 the LE
NOTARY PUBLIC-STATE OF NEW YORK
& No. 01PA6248720
Qualified in Kings County
My Commission Expires Sagtember 19, 2015 ‘
Robert Payne, individually and as a Member of 106 on the LES., LLC Loe Beery
xe tN PINCZEWSkI
Akiva Ofshtein, solely for LES 106 RIV, LLC ee New York State
' ——aUSERERAZAREVICH Qualiied in ogee on ty
NE KAZAKEVi( n
Notary: GE! ibe Gi Sr New or| Commission Expires 09/03/20 LeINDEX NO. 653071/2017
RECEIVED NYSCEF: 09/06/2022
(FILED: NEW YORK COUNTY CLERK
NYSCEF DOC. NO. 52
Agreement made this 4" day of December 2014, by and between, Jose Orlando Rodriguez (hereinafter
“Rodriguez”), individually and as duly authorized managing member of 106 on the LES, LLC, (hereinafter
“106”) and LES 106 RIV, LLC, (hereinafter “LES 106”), collectively know as “Parties”.;
Whereas, Rodriguez and 106 are tenants to a certain written lease agreement with rider (hereinafter
“Lease”)(attached hereto) dated September 12, 2011 by and between KYW Enterprises Corp., as former
owner of the premises known as 106 Rivington Street, New York, New York which provided for tenancy
and the right to build, own and operate a restaurant on the premises and whereas that Lease was and is
in full force and effect as of today’s date.;
And Whereas, Rodriguez and 106, unilaterally claim as a matter of right, assign all of their rights and
interests in the Lease and as well as any other further amendments or changes to the Lease or any other
agreement to LES 106.;
And Whereas, as a condition precedent to this Agreement, will facilitate and obtain written notarized
signatures and authorization from KYW Enterprise Trust Administrator and, if deemed legally necessary
by LES 106, will further facilitate and obtain written notarized signatures and authorization from KYW
Enterprises, Corp., to assign the Lease to LES 106.;
And Whereas, Rodriguez and 106 sell and/or transfer, with authority from all other members of 106, if
any, all membership units/interests/shares in 106 to LES 106 for the following consideration:
Following the execution and agreement by Charles Wu, as owner and holder of the trust known as KYW.
Enterprise Trust which has title to the above described property as well as the execution and agreement
by Sam Wu as owner of KYW Enterprises, Corp., and Sam Wu and Charles Wu, both signatories of the
Lease, predecessor in interest to the above described property and original grantor of the Lease and to
enter into a written amendment of Lease as well as an assignment of Lease to LES 106 upon terms and
conditions agreed upon.;
LES 106 agrees to pay RODRIGUEZ and/or 106, as per Rodriguez's disbursement directions, the following
amounts:
Thirty Thousand Dollars ($30,000) on or before December 22, 2014, and an additional Sixty Thousand
Dollars ($ 60,000) on or before July 01, 2015.
In the event the above referenced payments are not made in full on the dates set forth above then LES
106 shall be in breach of this Agreement and shall have ten (10) days following written receipt of notice
of breach from Rodriguez to cure.;
In the event no cure is made within said prescribed time then this Agreement is rendered null and void
and the Lease, assignment of Lease, amendment to Lease agreement entered into between the KYW.
Enterprise Trust and LES 106 shall be considered null and void and of no further force and effect and
Rodriguez shall revert back as the tenant to said Lease with no rights remaining to LES 106 {this
paragraph shall survive the execution of this Agreement).;
By the execution of this Agreement by all parties and upon the above contemplated Lease going into
Preview
(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ween eee eee nen eee nneeenneeennnnee xX K.Y.W ENTERPRISE TRUST, Civil Action No.: 653071/2017 Plaintiff, -against- RESPONSE TO COMBINED DISCOVERY DEMANDS LES 106 RIV, LLC, Defendant. ween eee eee ee nnneneeeneneeeeennne xX PLEASE TAKE NOTICE that Defendant LES 106 RIV, LLC (“Defendant”), by and through their undersigned attorney, ABE GEORGE, ESQ., of the LAW OFFICES OF ABE GEORGE, P.C., hereby submits Defendants’ Objections and Responses to Plaintiff's Combined Discovery Demands and Request for Production of Documents as follows: I. GENERAL OBJECTIONS, COMMENTS, AND QUALIFICATIONS The following General Objections and Comments (the “General Objections”) apply to each request and are expressly incorporated into the response to each one. By providing a specific response to any request, Defendants do not waive or otherwise limit these General Objections. Furthermore, reference to these General Objections in any specific response shall not waive or otherwise limit the applicability of these General Objections to each and every other response. 1. Defendants object to each request to the extent that it seeks documents not reasonably available to, or not within their possession, custody or control. 2. Privilege Objection. Defendants object to each request to the extent that it seeks documents protected by any privilege, including without limitation, the attorney-client privilege. Such documents will not be produced. Any inadvertent production of privileged documents shall not constitute a waiver of any applicable privilege.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 3. Work Product Objection. Defendants object to each request to the extent that it seeks documents prepared by them or their representatives in anticipation of litigation and/or trial. Such documents will not be produced. Any inadvertent production of documents comprising work product shall not constitute a waiver of any applicable work product immunity. 4. Relevance Objection. Defendants object to each request to the extent that it seeks documents not relevant to the issues involved in this action or reasonably calculated to lead to the discovery of relevant evidence. 5. Undue Burden Objection. Defendants object to each request to the extent that it is vexatious and/or unduly burdensome, including for example and without limitation, a request that is not limited in time and scope. 6. Vagueness Objection. Defendants object to each request to the extent that it is vague, ambiguous, or unclear as to what is sought. 7. Overbreadth Objection. Defendants object to each request to the extent that it is overly broad and fails to set forth with reasonable particularity the documents requested. 8. Prematurity Objection. Defendants object to each request to the extent that it seeks documents upon which the Defendants intend to “rely” or “base” their case or which concerns any “proposed” witnesses as Defendants do not know at this stage what evidence they will seek to introduce, or which witnesses will testify at trial. 9. Defendants object to each request to the extent that it seeks information reflecting the opinions, mental impressions, conclusions, or legal theories of their counsel, or other representatives.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 10. Defendants object to each request to the extent that it seeks information which is already in the possession, custody or control of Plaintiffs and/or Plaintiffs’ counsel, or is otherwise publicly available. 11. Defendants object to each request to the extent that it assumes facts not in evidence, or not otherwise accepted or conceded by Defendants. 12. To the extent that Defendants produce documents, Defendants do not necessarily concede that the documents requested are relevant to this action. Defendants expressly reserves the right to object to further discovery into the subject matter of any requested category of documents and the introduction into evidence of any document or portion thereof. 13. A written response to any request is not deemed to be an admission that Defendants have any documents responsive to the request. 14. Defendants expressly reserve the right to supplement these objections and comments, as well as its responses to the request. SPECIFIC RESPONSES AND OBJECTIONS I. DEMAND FOR EXPERTS’ REPORTS Defendant responds to this demand as follows: 1-5) There are no known expert reports at this time. Pursuant to the CPLR, Plaintiff reserves the right to supplement this response in the event an expert witness is retained. I. DEMAND FOR PHOTOGRAPHS Defendant responds to this demand as follows: 1-2) There are no photographs at this time. Pursuant to the CPLR, Plaintiff reserves the right to supplement this response in the event an expert witness is retained.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 Ill. DEMAND FOR COPIES OF STATEMENTS Defendant responds to this demand as follows: 1-3) Defendant does not possess any written or recorded statements. IV. DEMAND FOR WITNESSES Plaintiff responds to this demand as follows: 1) The Following witnesses known to the defendant can be reached through my office: Daniel Khandhorov, Alex Gutarts, Akiva Ofshtein, Zhan Petrosyants, Acmal Muhamatkulov of Prime Home Renovation, Old Electrical Corp., & Yaker engineering Additionally, defendants disclose the following witnesses whose addresses are not known: Charles Wu, Sam Wu, Jose O. Rodriguez and lastly Benjamin Pinczewski who can be reached at his law firm of Pinczewski & Shpelfogel, PC, located at 2753 Coney Island Avenue, Brooklyn, NY, 11235-5015. Defendant reserves the right to supplement this list. V. DEMAND FOR DOCUMENTS: 1) All documents relating to, or concerning the ownership, use and/or occupancy of any portion of the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 2) All documents relating to, or concerning the ownership, use and/or occupancy of any portion of the Premises from 2011 to present OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.”(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 3) Copies of ALL of Defendant’s Occupancy agreement/Leases for any portion of the Building from 2011 to present. OBJECTION & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiffs alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 4) Copies of ALL of Defendant’s Occupancy agreement/Leases for any portion of the Premises from 2011 to present. OBJECTION & RESPONSE: See Response to Document Demand # 2. 5) All documents, records, closing statements, stock issuance/transfer documents, attendance sheets, certificates, along with copies of any documents or papers given/received, relating to complying with the terms of any Occupancy Agreement/Lease for any portion of the Building from 2011 to present. OBJECTION & RESPONSE: See Response to Document Demand # 2. 6) All documents, records, closing statements, stock issuance/transfer documents, attendance sheets, certificates, along with copies of any documents or papers given/received, relating to complying with the terms of any Occupancy Agreement/Lease for any portion of the Premises from 2011 to present. OBJECTION & RESPONSE: See Response to Document Demand # 2. 7) Copies of Defendant LES 106 RIV, LLC formation documentation, along with any amendments, updates, changes and/or revisions from 2011 to present. OBJECTION & RESPONSE: Plaintiff objects to Defendants’ request, as it is overbroad, vague, ambiguous, and unduly burdensome. Plaintiff objects to this request, in that it seeks information that is irrelevant, and not reasonably calculated to lead to the discovery of(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM NYSCEF DOC. NO. 52 admissible evidence, nor is it relevant to Plaintiff's claims or Defendants’ defenses. Notwithstanding these objections, responsive documents are documents are produced as INDEX NO. 653071/2017 RECEIVED NYSCEF: 09/06/2022 bait stamped “D73-D77.” 8) Copies of Defendant LES 106 RIV, LLC Rules and Regulations, along with any amendments, updates, changes and/or revisions from 2011 to present. OBJECTION & RESPONSE: PI. vague, ambiguous, and unduly bur information that is irrelevant, and admissible evidence, nor is it re Notwithstanding these objections, bait stamped “D73-D77.” 9) Copies of Defendant LES updates, changes and/or revisions from 20 aintiff objects to Defendants’ request, as it is overbroad, lensome. Plaintiff objects to this request, in that it seeks not reasonably calculated to lead to the discovery of evant to Plaintiffs claims or Defendants’ defenses. responsive documents are documents are produced as 06 RIV, LLC By-Laws along with any amendments, 1 to present. OBJECTION & RESPONSE: Plaintiff objects to Defendants’ request, as it is overbroad, vague, ambiguous, and unduly bur information that is irrelevant, and admissible evidence, nor is it re Notwithstanding these objections, bait stamped “D73-D77.” 10) Copies of Defendant LES amendments, updates, changes and/or revi OBJECTION & RESPONSE: P| lensome. Plaintiff objects to this request, in that it seeks not reasonably calculated to lead to the discovery of evant to Plaintiffs claims or Defendants’ defenses. responsive documents are documents are produced as 06 RIV, LLC Member Agreement, along with any sions from 2011 to present. aintiff objects to Defendants’ request, as it is overbroad, vague, ambiguous, and unduly burdensome. Plaintiff objects to this request, in that it seeks information that is irrelevant, an admissible evidence, nor is it rel not reasonably calculated to lead to the discovery of evant to Plaintiffs claims or Defendants’ defenses. Notwithstanding these documents do not exist. 11) — Copies of all minutes, meet LES 106 RIV, LLC. OBJECTION & RESPONSE: PI. ing notes, memorandums, create by or for Defendant aintiff objects to Defendants’ request, as it is overbroad, vague, ambiguous, and unduly burdensome. Plaintiff objects to this request, in that it seeks(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 information that is irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, nor is it relevant to Plaintiff's claims or Defendants’ defenses. Notwithstanding these documents do not exist. 12) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, given and/or sent to members and/or stockholders of Defendant LES 106 RIV, LLC from 201 to present. OBJECTION & RESPONSE: Plaintiff objects to Defendants’ request, as it is overbroad, vague, ambiguous, and unduly burdensome. Plaintiff objects to this request, in that it seeks information that is irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, nor is it relevant to Plaintiff's claims or Defendants’ defenses. Notwithstanding these documents do not exist. 13) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, given, sent, or prepared by Defendants, and/or Defendants’ agents, regarding the Building from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 14) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, given, sent, or prepared by Defendants, and/or Defendants’ agents, regarding the Premises from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 15) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, given, sent, or prepared by(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM NYSCEF DOC. NO. 52 INDEX NO. 653071/2017 RECEIVED NYSCEF: Defendants, and/or Defendants’ agents, to Plaintiff and/or Plaintiff's agents from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 16) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, given, sent, or prepared by Defendants, and/or Defendants’ agents, to Jose Rodriguez from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 17) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, received by Defendants, and/or Defendants’ agents, regarding the Building from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 18) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, received by Defendants, and/or Defendants’ agents, regarding the Premises from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are 09/06/2022(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM NYSCEF DOC. NO. 52 INDEX NO. 653071/2017 RECEIVED NYSCEF: 09/06/2022 documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 19) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, received by Defendants, and/or Defendants’ agents, from Plaintiff and/or Plaintiffs agents from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 20) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, received by Defendants, and/or Defendants’ agents, from the Jose Rodriguez from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 21) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, sent by Defendants, and/or Defendants’ agents, regarding compliance with the Lease from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 22) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, received by Defendants, and/or Defendants’ agents, regarding amending and/or assigning the Lease from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 23) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, showing Defendants continued use and/or occupancy of the Premises and/or Building from 2015 to 2017. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 24) Copies of all documents, statements, mailings, letters, newsletters, memorandums, correspondence, electronic message, and/or announcements, received by Defendants, and/or Defendants’ agents, from Plaintiff and/or Plaintiffs agents from 2011 to present. OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. Notwithstanding these objections, responsive documents are documents are produced as bait stamped “D1-D77.” Defendants reserve the right to supplement this demand as responsive documents become available. 25) Identifying information including caption, index number, and court, along with copies of all pleadings of any and all legal proceedings against, or initiated by, any of the Defendants in this action, related to the Building and/or Premises. From 2011 to present.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 OBJECTION: Plaintiff objects to this request as being overly broad and demanding information already in the possession, custody and control of this defendants and their respective counsel. 26) Copies of all documents, statements, memorandums, correspondence, electronic message, and/or record, showing any and all steps taken by to Defendants to follow the terms of the Lease and/or its amendments/riders, from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D72.” 27) Copies of all documents, statements, memorandums, correspondence, electronic message, and/or record, showing any and all steps taken by to Defendants to pay monies owed under the Lease and/or its amendments/riders, from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D72.” 28) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by Defendants to pay rent and/or use and occupancy for the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D72.” 29) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by to Defendants to pay Real Estate Tax for the Premises and/or the Building from 2011 to present.(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 30) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by to Defendants to pay Utilities for the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 31) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by to Defendants to maintain the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 32) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by to Defendants to resolve any and/or HPD violations for the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.”(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 33) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by to Defendants to renovate the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 34) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by Defendants to mitigate damages for the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 35) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by to Defendants to mitigate damages for the Plaintiff from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 36) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by to Defendants to obtain approval for subletting the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.”(FILED: NEW YORK COUNTY CLERK 09/06/2022 07:14 PM INDEX NO. 653071/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 09/06/2022 37) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, showing any and all steps taken by to Defendants to pay subletting fees the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” 38) Copies of all documents, statements, memorandums, correspondence, electronic message, checks, money orders, and/or record, relating to subletting the Premises and/or the Building from 2011 to present. OBJECTIONS & RESPONSE: Plaintiff objects to this request, in that it seeks information that is overbroad and further objects on the grounds it seeks documents and/or information within Plaintiff's alleged records, custody and control. Notwithstanding relevant documents are produced as bait stamped “D1-D77.” LAW OFFICES OF ABE GEORGE, P.C. By: /s/ Abe George, Esq 40 Wall Street, 60" Floor New York, N.Y. 10005 (P) (212) 498-9803 (F) (646) 558-7533 abe@abegeorge.lawyer Attorney for Defendant To: Vincent Wong, Esq. Law Offices of Vincent S. Wong 39 East Broadway, Suite 306 New York, NY 10002 Tel: 212-349-6099 Attorney for PlaintiffINDEX NO. 653071/2017 RECEIVED NYSCEF: 09/06/2022 NYSCEF DOC. NO. 52 VERIFICATION ALEX GUTGARTS, being duly sworn, deposes and says: !am member of LES 106 RIV. LLC, and | have reviewed Defendants’ Objections and Responsés ic ‘Pigintiffs Combined Discovery Demands and Request for Production of Documents and based upon personal knowledge and on information and documents that have been relayed to me by my lawyer Abe George, Esq.. | believe the responses therein are true and correct to the best of my knowledge. LEX LiceiTS Member of LES 106, RIV. LLC SWORN to me on this © “day November, 2019 —— NOTARY PUBLIC ABE M. GEORGE NOTARY PUBLIC, STATE OF NEW YORK Registration No. 02GE6322473 (Qualified in Rings Couty Coumission Expires Apri 6, 209.2%,INDEX NO. 653071/2017 RECEIVED NYSCEF: 09/06/2022 (FILED: NEW YORK COUNTY CLERK NYSCEF DOC. NO. 52 Addendum made this 20°" day of September 2016 to a certain agreement dated December 4, 2014 and amended in writing on December 9, 2014 by and between 106 On the LES , LLC by Jose Orlando Rodriguez and LES 106 Riv, LLC by Akiva Ofstein , Whereas 106 On the LES was the holder of a certain lease to the premises set forth above and did for consideration assign said lease and lease agreement and facilitate the entering into a new lease agreement and extension with landlord KYW Enterprise Trust Agreement in favor of LES 106 RIV , LLC and, Whereas the total consideration paid for this lease assignment , lease extension and facilitation with Landlord was Two Hundred and Fifty Thousand ( $250,000 ) Dollars and whereas until today’s date Twenty Thousand ($ 20,000 ) Dollars remained due and owing And Whereas today 106 On the LES , LLC acknowledges receipt of the final outstanding amount due and does hereby declare that any and all monies due under the agreement and amended agreements have now been paid in full, and that it shall waive any and all late fees set forth within said agreements and will use its best efforts to cooperate and facilitate any and all interactions between LES 106 Riv, LLC and landlord and help in any efforts either through mettings, negotiations and or litigation to aid LES 106 RIV, LLC to enforce said lease assignment, extension and new lease agreement . Agreed to and Accepted by: ; OL fre dag Se lL kfc rr A, fe 0 fobigm BENIAMIN PINCZEWSKI 2d 5 y : Jose Orlando Rodriguez on Yt 0916079906 ; {c : f- Qualified in Kings County ( ee q And; Commission Expires 09/03/20__ LES 106 RIV, LLC., COYy By : Akiva Ofshtein ZH An Lerroeypalts IN PINCZEWSKI Public - New York State No. 02P16079906 Qualified In Kings County Ly Commission Expires 09/03/20. Glue fy re bly 20 rhINDEX NO. 653071/2017 RECEIVED NYSCEF: 09/06/2022 (FILED: NEW YORK COUNTY CLERK NYSCEF DOC. NO. 52 Addendum made this 20°" day of September 2016 to a certain agreement dated December 4, 2014 and amended in writing on December 9, 2014 by and between 106 On the LES , LLC by Jose Orlando Rodriguez and LES 106 Riv, LLC by Akiva Ofstein , Whereas 106 On the LES was the holder of a certain lease to the premises set forth above and did for consideration assign said lease and lease agreement and facilitate the entering into a new lease agreement and extension with landlord KYW Enterprise Trust Agreement in favor of LES 106 RIV , LLC and, Whereas the total consideration paid for this lease assignment , lease extension and facilitation with Landlord was Two Hundred and Fifty Thousand ( $250,000 ) Dollars and whereas until today’s date Twenty Thousand ($ 20,000 ) Dollars remained due and owing And Whereas today 106 On the LES , LLC acknowledges receipt of the final outstanding amount due and does hereby declare that any and all monies due under the agreement and amended agreements have now been paid in full, and that it shall waive any and all late fees set forth within said agreements and will use its best efforts to cooperate and facilitate any and all interactions between LES 106 Riv, LLC and landlord and help in any efforts either through mettings, negotiations and or litigation to aid LES 106 RIV, LLC to enforce said lease assignment, extension and new lease agreement . Agreed to and Accepted by: ; OL fre dag Se lL kfc rr A, fe 0 fobigm BENIAMIN PINCZEWSKI 2d 5 y : Jose Orlando Rodriguez on Yt 0916079906 ; {c : f- Qualified in Kings County ( ee q And; Commission Expires 09/03/20__ LES 106 RIV, LLC., COYy By : Akiva Ofshtein ZH An Lerroeypalts IN PINCZEWSKI Public - New York State No. 02P16079906 Qualified In Kings County Ly Commission Expires 09/03/20. Glue fy re bly 20 rhINDEX NO. 653071/2017 RECEIVED NYSCEF: 09/06/2022 (FILED: NEW YORK COUNTY CLERK NYSCEF DOC. NO. 52 Addendum made this 9" of December, 2014, to Agreement executed on December 4, 2014, by and between: 106 on the L.E.S. LLC, (hereinafter “106”), Jose Orlando Rodriguez, Robert Payne and LES 106 RIV, LLC, {hereinafter “LES 106”), (hereinafter collectively know as “Parties”}; Whereas, 106 consists of two Members, Jose Orlando Rodriguez with an address at 112 Suffolk Street, Apt 3 C, NY, NY 10002 and Robert Payne with an address at S11 Avenue of the America’s , New York, NY 10011, (hereinafter collectively know as “Members”}; Whereas, pursuant to the written agreement dated December 4, 2014 and the consideration made therein, the Members make the additional representations and indemnifications to LES 106, in that: Members represent that they are the two sole members of 106; Members represent that they had and have the power and authority to enter into the Agreement dated December 4, 2014; Members, indemnify and hold harmless individually, jointly and with severable liability, on behalf of 106 and individually, to LES 106, that if any other party claims rights to the Lease {attached to December 4, 2014 Agreement) or owning units of 106 or being a member in 106, then Members shall defend LES 106 from any and all claims, in any forum/jurisdiction, pay for attorney fees and any associated costs with said defense. LES 106 shall choose the defense attorney; Members, indemnify and hold harmless individually, jointly and with severable liability, on behalf of 106 and individually, to LES 106, that if any other party claims that 106 or the individual Members owe any debt, arising from being the former lessees of 106 Rivington Street, New York, NY 10002, then Members shall defend LES 106 from any and all claims, in any forum/jurisdiction, pay for attorney fees and any associated costs with said defense. LES 106 shal! choose the defense attorney; Members, indemnify and hoid harmless individually, jointly and with severable liability, on behalf of 106 and individually, to LES 106, its successors and assigns from any and ali further claims, lawsuits and or liens and or encumbrances which may exist or existed against 106 or Members individually and understand that upon receipt of the consideration as set forth in Agreement, they shall have no further claims, rights or interest with respect to 106, Lease, Rider, letter of estoppel or assignment of lease as executed by the Landiord. Nor shall there be any claim individuaily by either Payne or Rodriguez against LES 106 for the failure to receive money as set forth below once same has been released and the funds cleared pursuant to authorization to release funds from escrow. Members’ failure to defend any of the above, may result in actual, consequential and/or compensatory damages to LES 106, and any attorney fees and costs incurred by LES 106, will be owed and recoverable from the Members individually or jointly, with severable liability. Members’ failure to defend any of the above, would result in LES 106’s reputation and good being damaged, causing LES 106 liquidated damages in the amount of fifty thousand dollars ($50,000). Members and 106 agree that LES 106’s’ reputation and good will be and are hard to quantify and/or qualify, hence the liquated damages are reasonable herein.INDEX NO. 653071/2017 RECEIVED NYSCEF: 09/06/2022 (FILED: NEW YORK COUNTY CLERK NYSCEF DOC. NO. 52 Members have and had the opportunity to read and have an attorney or counsel of their own choosing review this Addendum and Agreement; and understood their rights to have this Addendum and Agreement reviewed by another attorney, and execute this Addendum without any duress or pressure, for the consideration as set forth in Agreement, and approve and authorize Jose Orlando Rodriguez having previously entered into the Agreement on behalf of 106. LES 106 shall, indemnify and hold harmless the Members only, from any and all further claims, lawsuits and or liens and or encumbrances which may arise out of act(s) by LES 106 after the execution of this Addendum by all Parties. LES 106 shall choose and pay for the attorney and costs, if any, for the Members. Members can choose their own attorney, but at their sole cost and expense. This Addendum shall be governed in accordance with the Laws of the State of New York., County of New York. This Addendum supersedes, amends and replaces any and all prior written or oral agreements or understandings contemplated or entered into between the Parties and constitutes the entire Agreement/Addendum between the Parties, it may not be changed, altered or modified exceptin a writing executed by all Parties hereto. This Addendum may be executed in any number of counterparts, each of which when so executed shail be deemed to be an original and ail of which together shall constitute but one and the same instrument. PDF, facsimile, photograph or other copy of this Addendum shall be deemed as original for any purposes whatsoever, and Parties agrees not to use the defense of non-original copy for any purposes whatsoever. This Addendum and Agreement shall be binding upon the heirs, successors and assigns of 106 on the LES, LLC, Jose Orlando Rodriguez and Robert Payne. Upon signing of this Addendum and release of escrow funds, 106 and Members shall deliver, in hand to LES 106, all keys and their copies, for any and all doors to 106 Rivington Street, New York, NY. Agreed to and Accepted by: Jose Orlando Rodriguez, individuafly and as managing Member 106 on the L.£.S., LLC Robert Payne, individually and as a Member of 106 on the L.E.S., LLCINDEX NO. 653071/20 RECEIVED NYSCEF: 09/06/202! D00005 nt dated December 4, 2014 and his 20°" day of September 2016 to a certain agreeme and between Addendum made t amended in writing on December 9, 2014 by 106 On the LES, LLC by Jose Orlando Rodriguez and the premises set forth above and did for \itate the entering into a new \ease ment in favor of LES 106 RIV , LLC LES 106 Riv, LLC by Akiva Ofstein, Whereas 106 On the LES was the holder of a certain lease to ase and lease agreement and faci ith landlord KYW Enterprise Trust Agree ent, lease extension and facilitation as until today’s date consideration assign said le agreement and extension w with ease assignm d ($250,000 ) Dollars and where \ outstanding amount due and today 106 On the LES, LLC acknowledges receipt of the fina hat any and all monies due under the agreement and amended agreements have t shall waive any and all late fees set forth within said agreements and te and facilitate any and all interactions between LES 106 Riv, LLC and ettings, negotiations and or litigation to aid LES 106 and, Whereas the total consideration paid for this | Landlord was Two Hundred and Fifty Thousan ) Dollars remained due and owing Twenty Thousand ( $ 20,000 And Whereas does hereby declare t now been paid in full, and that i will use its best efforts to coopera fforts either through m landlord and help in any € RIV, LLC to enforce said lease assignment, extens Agreed to and Accepted by: ion and new lease agreement . 106 On the LES, LLC ay « lase Orlando R«INDEX NO. 653071/2017 RECEIVED NYS@BE: @9/186/2022 (FILED: NEW YORK COUNTY CLERK NYSCEF D9Go/¥8145424:50 7188515300 Addendum made this 9" of December, 2014, to Agreement executed on December 4, 2014, by and between: 106 on the LE.S. LLC, (hereinafter ”106"), Jose Orlando Rodriguez, Robert Payne and LES 106 RIV, LLC, (hereinafter “LES 106”), (hereinafter collectively know as “Parties”); Whereas, 106 consists of two Members, Jose Orlando Rodriguez with an address at 112 Suffolk Street, Apt 3.C, NY, NY 10002 and Robert Payne with an address at 511 Avenue of the America’s , New York, NY 10011, (hereinafter collectively know as “Members”); Whereas, pursuant to the written agreement dated December 4, 2024 and the consideration made therein, the Members make the additional representations’‘and indemnifications to LES 106, in that: Members represent that they are the two sole members of 106; Members represent that they had and have the power and authority to enter into the Agreement dated December 4, 2014; Members, indemnify and hold harmless individually, jointly and with severable liability, on behalf of 106 and individually, to LES 106, that if any other party claims rights to the Lease (attached to December 4, 2014 Agreement) or owning units of 106 or being a member in 106, then Members shall defend LES 106 from any and all claims, in any forum/jurisdiction, pay for attorney fees and any associated costs with sald defense. LES 106 shall choose the defense attorney; ‘ Members, indemnify and hold harmless individually, jointly and with severable liability, on behalf of 106 and individually, to LES 106, that if any other Party claims that 106 or the individual Members owe any debt, arising from being the former lessees of 106 Rivington Street, New York, NY 10002, then Members shall defend LES 106 from any and ail claims, in any forum/jurisdiction, pay for attorney fees and any associated costs with said defense, LES 206 shail choose the defense attorney; Members, indemnify and hold harmless tndividually, jointly and with severable liability, on behalf of 106 and individually, to LES 106, its successors and assigns from any and all further claims, tawsuits and or liens and or encumbrances which may exist of existed against 106 or Members individually and understand that upon receipt of the consideration as set forth in Agreement, they shall have no further claims, rights or interest with respect to 206, Lease, Rider, letter of esto: ppel or assignment of lease as executed by the Landlord, Nor shall there be any claim individually by either Payne or Rodriguez against LES 106 for the failure to receive money as set forth helow once same has been released and the funds Cleared pursuant to authorization to release funds from escrow. Members’ failure to defend any of the above, may result in actual, consequential and/or compensatory damages to LES 106, and any attorney fees and casts incurred by LES 106, will be owed and recoverable from the Members individually or jointly, with severable liability. . Members’ failure to defend any of the above, would result in LES 106’s reputation and good being damaged, causing LES 106 liquidated damages in the amount of fifty thousand dollars ($50,000). Members and 106 agree that LES 106's’ reputation and good will be and are hard to quantify and/or qualify, hence the liquated damages are reasonable herein.INDEX NO. 653071/2017 RECEIVED NYSSefe: Q9/86/2022 (FILED: NEW YORK COUNTY CLERK NYSCEF DOGe/HO4 5B4:58 7188515300 Members have and had the Opportunity to read and have an attorney or counsel of thelr own choosing review this Addendum and Agreement; and understood their rights to have this Addendum and Agreement reviewed by another attorney, and execute this Addendum without any duress or pressure, for the consideration as set forth in Agreement, and approve and authorize Jose Orlando Rodriguez having previously entered into the Agreement on behalf of 106. LES 106 shail, indernnify and hold harmless the Members only, from any and all further claims, lawsuits and or liens and or encumbrances which May arise out of act(s) by LES 106 after the execution of this Addendum by all Parties. LES 106 shail choose and pay for the attorney and costs, if any, for the Members. Members can choose their own attorney, but at their sole cost and expense. This Addendurn shall be governed in accordance with the Laws of the State of New York., County of New York. This Addendum supersedes, amends and replaces any and all prior written or oral agreements or understandings contemplated or entered into between the Parties and constitutes the entire Agreement/Addendum between the Parties, it may not be changed, altered or modified exceptina writing executed by all Parties hereto. This Addendum may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which together shall constitute but one and the same instrument. PDF, facsimile, photograph or other copy of this Addendum shall be deemed as. original for any purposes whatsoever, and Parties agrees not to use the defense of non-original copy for any purposes whatsoever. This Addendum and Agreement shall be binding upon the heirs, successors and assigns of 106 on the LES, LLC, Jose Orlando Rodriguez and Robert Payne. Upon signing of this Addendum and release of escrow funds, 106 and Members shall deliver, in hand to LES 106, all keys and their coples, for any and all doors to 106 Rivington Street, New York, NY. Agreed to and Accepted by: tvigually and as mi i ember 106 on the LES. LLC aly and as managing Member 106 09 the LE NOTARY PUBLIC-STATE OF NEW YORK & No. 01PA6248720 Qualified in Kings County My Commission Expires Sagtember 19, 2015 ‘ Robert Payne, individually and as a Member of 106 on the LES., LLC Loe Beery xe tN PINCZEWSkI Akiva Ofshtein, solely for LES 106 RIV, LLC ee New York State ' ——aUSERERAZAREVICH Qualiied in ogee on ty NE KAZAKEVi( n Notary: GE! ibe Gi Sr New or| Commission Expires 09/03/20 LeINDEX NO. 653071/2017 RECEIVED NYSCEF: 09/06/2022 (FILED: NEW YORK COUNTY CLERK NYSCEF DOC. NO. 52 Agreement made this 4" day of December 2014, by and between, Jose Orlando Rodriguez (hereinafter “Rodriguez”), individually and as duly authorized managing member of 106 on the LES, LLC, (hereinafter “106”) and LES 106 RIV, LLC, (hereinafter “LES 106”), collectively know as “Parties”.; Whereas, Rodriguez and 106 are tenants to a certain written lease agreement with rider (hereinafter “Lease”)(attached hereto) dated September 12, 2011 by and between KYW Enterprises Corp., as former owner of the premises known as 106 Rivington Street, New York, New York which provided for tenancy and the right to build, own and operate a restaurant on the premises and whereas that Lease was and is in full force and effect as of today’s date.; And Whereas, Rodriguez and 106, unilaterally claim as a matter of right, assign all of their rights and interests in the Lease and as well as any other further amendments or changes to the Lease or any other agreement to LES 106.; And Whereas, as a condition precedent to this Agreement, will facilitate and obtain written notarized signatures and authorization from KYW Enterprise Trust Administrator and, if deemed legally necessary by LES 106, will further facilitate and obtain written notarized signatures and authorization from KYW Enterprises, Corp., to assign the Lease to LES 106.; And Whereas, Rodriguez and 106 sell and/or transfer, with authority from all other members of 106, if any, all membership units/interests/shares in 106 to LES 106 for the following consideration: Following the execution and agreement by Charles Wu, as owner and holder of the trust known as KYW. Enterprise Trust which has title to the above described property as well as the execution and agreement by Sam Wu as owner of KYW Enterprises, Corp., and Sam Wu and Charles Wu, both signatories of the Lease, predecessor in interest to the above described property and original grantor of the Lease and to enter into a written amendment of Lease as well as an assignment of Lease to LES 106 upon terms and conditions agreed upon.; LES 106 agrees to pay RODRIGUEZ and/or 106, as per Rodriguez's disbursement directions, the following amounts: Thirty Thousand Dollars ($30,000) on or before December 22, 2014, and an additional Sixty Thousand Dollars ($ 60,000) on or before July 01, 2015. In the event the above referenced payments are not made in full on the dates set forth above then LES 106 shall be in breach of this Agreement and shall have ten (10) days following written receipt of notice of breach from Rodriguez to cure.; In the event no cure is made within said prescribed time then this Agreement is rendered null and void and the Lease, assignment of Lease, amendment to Lease agreement entered into between the KYW. Enterprise Trust and LES 106 shall be considered null and void and of no further force and effect and Rodriguez shall revert back as the tenant to said Lease with no rights remaining to LES 106 {this paragraph shall survive the execution of this Agreement).; By the execution of this Agreement by all parties and upon the above contemplated Lease going into