On May 31, 2016 a
Exhibit,Appendix
was filed
involving a dispute between
Dematteis Darcon, Joint Venture,
and
The City Of New York,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/06/2020 08:18 PM INDEX NO. 652893/2016
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/06/2020
EXHIBIT I
FILED: NEW YORK COUNTY CLERK 01/06/2020 08:18 PM INDEX NO. 652893/2016
NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/06/2020
Harling
Brenda
From: David Westermann
Sent: Thursday, November 21, 2019 11:17 AM
To: 'Lear, Lewis R (Law)'
Cc: Johnson, Gregory (Law); Michael Rosenthal; Atanasio Fernandez; Ashley Pratt;
'MacPherson, Robert J.'
Subject: DeMatteis/Darcon -- DOS Garage Litigation
Lew
Your OTSC states that we did not disclose Darcon e‐mails, including internal e‐mails. Our production did include
Darcon’s e‐mails, searched, as the City asked, using Angelo Caiazzo as the custodian. Documents located using Mr.
Caiazzo span Bates numbers DEMDJV00955744 ‐ DEMDJV00989203. There are 9,955 e‐mails in total. We could have
pointed this out earlier if the City had advised of this perceived deficiency in the production.
We are addressing your other comments regarding Darcon’s disclosure and will advise.
Thanks DW
David Westermann, Jr.
(PLEASE NOTE NEW ADDRESS)
90 Merrick Avenue, Suite 802
East Meadow, New York 11554
Telephone: (516) 794-7500
Fax: (516) 794-1277
The information contained in this transmission is intended to be confidential and may be protected by the
attorney/client privilege or the work product doctrine. The information is transmitted only to the person identified
above. If you are not the person identified above, you have received this transmission by error. Please contact us at 516‐
794‐7500 for the return of this transmission at no cost to you.
1
Document Filed Date
January 06, 2020
Case Filing Date
May 31, 2016
Category
Commercial Division
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FILED: NEW YORK COUNTY CLERK 01/06/2020 08:18 PM INDEX NO. 652893/2016 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/06/2020 EXHIBIT I FILED: NEW YORK COUNTY CLERK 01/06/2020 08:18 PM INDEX NO. 652893/2016 NYSCEF DOC. NO. 182 RECEIVED NYSCEF: 01/06/2020 Harling Brenda From: David Westermann Sent: Thursday, November 21, 2019 11:17 AM To: 'Lear, Lewis R (Law)' Cc: Johnson, Gregory (Law); Michael Rosenthal; Atanasio Fernandez; Ashley Pratt; 'MacPherson, Robert J.' Subject: DeMatteis/Darcon -- DOS Garage Litigation Lew Your OTSC states that we did not disclose Darcon e‐mails, including internal e‐mails. Our production did include Darcon’s e‐mails, searched, as the City asked, using Angelo Caiazzo as the custodian. Documents located using Mr. Caiazzo span Bates numbers DEMDJV00955744 ‐ DEMDJV00989203. There are 9,955 e‐mails in total. We could have pointed this out earlier if the City had advised of this perceived deficiency in the production. We are addressing your other comments regarding Darcon’s disclosure and will advise. Thanks DW David Westermann, Jr. (PLEASE NOTE NEW ADDRESS) 90 Merrick Avenue, Suite 802 East Meadow, New York 11554 Telephone: (516) 794-7500 Fax: (516) 794-1277 The information contained in this transmission is intended to be confidential and may be protected by the attorney/client privilege or the work product doctrine. The information is transmitted only to the person identified above. If you are not the person identified above, you have received this transmission by error. Please contact us at 516‐ 794‐7500 for the return of this transmission at no cost to you. 1