Motion to Quash Service of Subpoena in Joseph Hertz v. Samuel Hertz Individually, and as the Nominated Executor of the Purported Last Will & Testament of Mira Hertz, dated November 26, 2008, and as Trustee of the Mira Hertz Purported Revocable Trust Agreement, dated November 26, 2008, et al.| Trellis.Law

On November 27, 2019 a Exhibit,Appendix was filed involving a dispute between Joseph Hertz, and Samuel Hertz Individually, And As The Nominated Executor Of The Purported Last Will & Testament Of Mira Hertz, Dated November 26, 2008, And As Trustee Of The Mira Hertz Purported Revocable Trust Agreement, Dated November 26, 2008, Et Al., for Other Matters - Contract - Other in the District Court of Kings County.

Preview
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

EXHIBIT Q TO
NIMETZ
AFFIRMATION
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

Irma K. Nimetz

From: Todd Belous
Sent: Wednesday, February 23, 2022 4:51 PM
To: Irma K. Nimetz
Cc: Frank Streng; Justin M. Piccione
Subject: RE: Joseph Hertz v. Samuel Hertz, Supreme Court, Kings County, Index No. 526061/2019

Ms. Nimetz,

I spoke with my firm 's General Counsel. We will not accept service of the subpoenas w ithout a
com m itm ent by you and your client to defray our costs, including attorney fees, to respond to
the fou r subpoenas per CPLR 3211(d).

Please advise.

Thank you.

Todd

Please note to reduce the quantity of paper coming into our offices during the Coronavirus crisis when our staff is w
should be through electronic means. Your cooperation is appreciated.

Todd Belous
Partner
926 RXR Plaza, Uniondale, NY 11556-0926
D 516.357.3176 T 516.357.3000 F 516.357.3333
Todd.Belous@rivkin.com
www.rivkinradler.com

From: Irma K. Nimetz
Sent: Wednesday, February 23, 2022 1:25 PM
To: Todd Belous
Cc: Frank Streng ; Justin M. Piccione
Subject: [EXTERNAL] RE: Joseph Hertz v. Samuel Hertz, Supreme Court, Kings County, Index No. 526061/2019

Mr. Belous-Please advise by 5 pm today whether Rivkin Radler LLP will be accepting service of the four subpoenas
Plaintiff sent you on February 15, 2022.
Thank you.
Irma

1
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NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

Irma K. Nimetz
Partner
McCarthy Fingar LLP
711 Westchester Avenue, Suite 405
White Plains, NY 10604
Direct Dial: 914-385-1029
Switchboard: 914-946-3700, Ext. 329
Facsimile: 914-946-0134
https://www.mccarthvfingar.com/attorney/irma-k-nimetz/
Download vCard
Email: inimetz@mccarthvfingar.com

This Electronic Mail transmission and any accompanying documents contain information belonging to the sender which
are confidential and legally privileged. This information is intended only for the use of the individual or entity to whom
this transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying,
distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly
prohibited. If you have received this transmission in error, please reply to the sender at (914) 946-3700 or
inimetz@mccarthyfingar.com and delete this message and all attachments from your electronic storage files.*I

From: Todd Belous
Sent: Wednesday, February 16, 2022 4:44 PM
To: Irma K. Nimetz
Cc: Frank Streng ; Justin M. Piccione
Subject: RE: Joseph Hertz v. Samuel Hertz, Supreme Court, Kings County, Index No. 526061/2019

Ms. Nimetz,

I am in receipt of you r e-mail with attachm ents. We are reviewing same and I will speak with
my firm 's General Counsel. We will get back to you early next week as to w hether or not we will
accept service of the four subpoenas.

In the m eantim e, as I requested in our conference call on February 2, please advise ifPlaintiff
will be paying Rivkin Radler's costs, including attorney fees, to respond to the fou r subpoenas
per CPLR 3122(d).

As also discussed in our prior call, I believe we should discuss our objections to your document
demands based on privilege, w ork-product, relevance, items which we view are sim ply not
discoverable etc. Perhaps we can avoid motion practice or least narrow the issues fo r the court.

Moreover, in the event we accept service of the subpoenas, we will need more than 30 days to
respond. I would like to discuss this with you as well.

I look forward to hearing from you.

Todd

2
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

Please note to reduce the quantity of paper coming into our offices during the Coronavirus crisis when our staff is w
should be through electronic means. Your cooperation is appreciated.

Todd Belous
Partner
926 RXR Plaza, Uniondale, NY 11556-0926
D 516.357.3176 T 516.357.3000 F 516.357.3333
Todd.Belous@rivkin.com
www.rivkinradler.com

From: Irma K. Nimetz
Sent: Tuesday, February 15, 2022 5:12 PM
To: Todd Belous
Cc: Frank Streng ; Justin M. Piccione
Subject: [EXTERNAL] RE: Joseph Hertz v. Samuel Hertz, Supreme Court, Kings County, Index No. 526061/2019

Mr. Belous - Attached are four subpoenas duces tecum ("Subpoenas") for Rivkin Radler LLP, Scott Eisenmesser, Esq.,
Yaron Kornblum, Esq. and Walter Gumersell, Esq.
Please confirm by 5 pm tomorrow, February 16, 2022, that Rivkin Radler LLP will accept service of all of the attached
Subpoenas and will waive the payment and receipt of all witness fees, if any.
If we do not receive confirmation that you will be accepting service by 5 pm tomorrow, we will arrange for service of the
Subpoenas by a process server.
Thank you.
Irma

Irma K. Nimetz
Partner
McCarthy Fingar LLP
711 Westchester Avenue, Suite 405
White Plains, NY 10604
Direct Dial: 914-385-1029
Switchboard: 914-946-3700, Ext. 329
Facsimile: 914-946-0134
https://www.mccarthvfingar.com/attornev/irma-k-nimetz/
Download vCard
Email: inimetz@mccarthyfingar.com

3
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

From: Irma K. Nimetz
Sent: Monday, January 31, 2022 6:00 PM
To: 'Todd Belous'
Cc: Frank Streng ; Justin M. Piccione
Subject: RE: Joseph Hertz v. Samuel Hertz, Supreme Court, Kings County, Index No. 526061/2019

Mr. Belous - On behalf of plaintiff Joseph Hertz, we disagree with your refusal to produce documents requested at the
depositions of Rivkin Radler partners Scott Eisenmesser, Esq., Yaron Kornblum, Esq. and Walter Gumersell, Esq. as set
forth in your email below.
I am available to discuss this discovery dispute tomorrow, February 1st at any time after 2 pm, or on Wednesday,
February 2nd before noon.
Please let me know when you are available for a telephone conference.
Irma Nimetz

Irma K. Nimetz
Partner
McCarthy Fingar LLP
711 Westchester Avenue, Suite 405
White Plains, NY 10604
Direct Dial: 914-385-1029
Switchboard: 914-946-3700, Ext. 329
Facsimile: 914-946-0134
https://www.mccarthvfingar.com/attornev/irma-k-nimetz/
Download vCard
Email: inimetz@mccarthyfingar.com

From: Todd Belous
Sent: Friday, January 28, 2022 4:50 PM
To: Irma K. Nimetz
Cc: Frank Streng ; Justin M. Piccione
Subject: RE: Joseph Hertz v. Samuel Hertz, Supreme Court, Kings County, Index No. 526061/2019

Ms. Nimetz,

As I stated in the recent depositions, the non-party Rivkin Radler and the three non-party Rivkin
Radler attorney witnesses we produced, object to your numerous oral requests fo rthe
4
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

production of documents. Likewise, we object to your w ritten letter(s) addressed to me which
list the documents you are seeking.

The basis of our objections are m ultiple. Simply stated, we have fully complied with the three
"ad testificandum " subpoenas and have no additional obligation to produce documents.

If you would like to discuss, I am available next week.

Todd

Please note to reduce the quantity of paper coming into our offices during the Coronavirus crisis when our staff is w
should be through electronic means. Your cooperation is appreciated.

Todd Belous
Partner
926 RXR Plaza, Uniondale, NY 11556-0926
D 516.357.3176 T 516.357.3000 F 516.357.3333
Todd.Belous@rivkin.com
www.rivkinradler.com

in
From: Irma K. Nimetz
Sent: Tuesday, December 28, 2021 4:59 PM
To: Todd Belous
Cc: Frank Streng ; Justin M. Piccione
Subject: [EXTERNAL] Joseph Hertz v. Samuel Hertz, Supreme Court, Kings County, Index No. 526061/2019

Mr. Belous - As you know, we represent plaintiff in the above-referenced action. Please see the attached letter
demanding the production of documents requested at the deposition of Scott Eisenmesser, Esq. on December 6,
2021. The transcript of Mr. Eisenmesser's deposition on December 6th is also attached for your reference.
We will send you a letter with documents demanded at Mr. Eisenmesser's continued deposition on December 13, 2021
following our receipt of that deposition transcript from the court reporting agency.
Thank you.
Irma Nimetz

Irma K. Nimetz
Counsel
McCarthy Fingar LLP
711 Westchester Avenue, Suite 405
White Plains, NY 10604
Direct Dial: 914-385-1029
Switchboard: 914-946-3700, Ext. 329
Facsimile: 914-946-0134
https://www.mccarthvfingar.com/attornev/irma-k-nimetz/
Download vCard
Email: inimetz@mccarthyfingar.com

5
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

NOTICE: This message may contain information that is confidential or privileged. If you are not the intended recipient, please advise the sender
immediately and delete this message. See: http://www.rivkinradler.com/disclaimer-electronic-communications/ for further information on confidentiality.

6
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

McCarthy
Fingar LLP
C o u n selo rs
at Law

711 Westchester Avenue, Suite 405
White Plains, New York 10604
Phone : 914-946-3700
Fax : 914-946-0134
E-m ail: info@mccarthyfingar.com
Web : www.mccarthyfingar.com

Direct Line 914-385-1029
Email: inimetz@MccarthvFingar.com
December 29, 2021

VIA EMAIL

Todd Belous, Esq.
Rivkin Radler LLP
926 RXR Plaza
Uniondale, NY 11556-0926

Re: Joseph Hertz v. Samuel Hertz, Supreme Court of the State of New
York, Kings County, Index No. 526061/2019___________________

Dear Mr. Belous:

This firm represents plaintiff, Joseph Hertz, in the above-referenced action. On or
before January 29, 2022, please produce all documents requested during the deposition
of your client, non-party witness Yaron Kornblum, Esq. ("Kornblum”), on December 9,
2021, from the period November 26, 2005 to the present:

1. Provide name of employer after employment ended at law firm of Tenzer
Greenblatt and before Kornblum’s employment at Rivkin Radler LLP ("Rivkin
Radler”). Kornblum Dep. Tr., 12/9/21, p. 22, lines 17-191;

2. Rivkin Radler’s policies with respect to retention of emails, documents and
electronic files. Kornblum Dep. Tr., 12/9/21, p. 36, lines 20-23.

3. Notes taken by Kornblum throughout his engagement by Samuel Hertz and/or
Mira Hertz from the first contact in or about 2008 to the present. Kornblum Dep.
Tr., 12/9/21, p. 50, lines 16-20;

1 C ita tio n s
to th ed e p o s itio n
tr a n s c r ip t
o f Y a ro n
K o r n b lu m ,
E sq.on D e c e m b e r 9,
2021 s h a ll

h e re a fte r
be d e s ig n a t e d
as " K o r n b lu m
Dep. T r .,
1 2 /9 /2 1 ,
p . ___, l i n e ( s ) ____ .”

{01193640.docx.}
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

Yaron Kornblum, Esq.
Rivkin Radler LLP
December 29, 2021
Page 2

4. Notes regarding Samuel Hertz and/or Mira Hertz from 2008 to the present,
and/or documents regarding the initial communications between Kornblum and
Mira Hertz and/or Samuel Hertz to the present. Kornblum Dep. Tr., 12/9/21, p.
53, lines 21-25;

5. Any retainer agreement between Rivkin Radler and Samuel Hertz in 2008.
Kornblum Dep. Tr., 12/9/21, p. 72, lines 17-19, p. 117, lines 14-16;

6. Any checks or payments received by Rivkin Radler for the legal services entries
referenced in Kornblum Deposition Exhibit 18 [Rivkin Radler invoice #
720390001, dated December 31, 2008, addressed to Hertz, Mira C/O Samuel
Hertz, 24 Polhemus Place, Brooklyn, NY 11215], and/or any documents
regarding payments received by Rivkin Radler for any invoices referenced
during Kornblum’s deposition. Kornblum Dep. Tr., 12/9/21, p.79, lines 2-5;

7. An unredacted copy of Kornblum Deposition Exhibit 19 [Rivkin Radler invoice
# 72002, dated December 31, 2008, addressed to Hertz, Sam, 24 Polhemus
Place, Brooklyn, NY 11215]. Kornblum Dep. Tr., 12/9/21, p. 80, lines 12-13, p.
84, lines 18-19;

8. An unredacted copy of Kornblum Deposition Exhibit 20 [Rivkin Radler invoice
# 80290049, dated August 2, 2009, addressed to Hertz, Mira, C/O Samuel
Hertz, 24 Polhemus Place, Brooklyn, NY 11215]. Kornblum Dep. Tr., 12/9/21,
p. 188, lines 21-22;

9. All emails of Rivkin Radler in connection with the representation of Mira Hertz
and Samuel Hertz regarding Mira Hertz’s estate plan or the Hertz family dispute
Mr. Kornblum was allegedly retained for. Kornblum Dep. Tr., 12/9/21, p. 190,
lines 14-18;

10. Any documents concerning communications between Rivkin Radler and Mira
Hertz and/or Samuel Hertz prior to July 2008. Kornblum Dep. Tr., 12/9/21, p.
194, lines 21-25, p. 195, lines 2-4;1

11. An unredacted copy of Kornblum Deposition Exhibit 28 [Rivkin Radler invoice
# 51180001, dated April 30, 2010, addressed to Hertz, Mira, C/O Samuel Hertz,

{01193640.docx.}
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

Yaron Kornblum, Esq.
Rivkin Radler LLP
December 29, 2021
Page 3

24 Polhemus Place, Brooklyn, NY 11215]. Kornblum Dep. Tr., 12/9/21, p. 202,
lines 6-7.

Please produce all of the documents requested on or before January 29, 2022.

Very truly yours

cc: Justin Piccione, Esq. (via email)
Rivkin Radler LLP
926 RXR Plaza
Uniondale, NY 11556-0926
Attorneys for Defendant,
Samuel Hertz

{01193640.docx.}
FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 04/22/2022

McCarthy
Fingar LLP
C o u n selo rs
at Law

711 Westchester Avenue, Suite 405
White Plains, New York 10604
Phone : 914-946-3700
Fax : 914-946-0134
E-m ail: info@mccarthyfingar.com
Web : www.mccarthyfingar.com

Direct Line 914-385-1029
Email: inimetz@MccarthvFingar.com

December 28, 2021

VIA EMAIL

Todd Belous, Esq.
Rivkin Radler LLP
926 RXR Plaza
Uniondale, NY 11556-0926

Re: Joseph Hertz v. Samuel Hertz, Supreme Court of the State of New
York, Kings County, Index No. 526061/2019___________________

Dear Mr. Belous:

This firm represents plaintiff, Joseph Hertz, in the above-referenced action. On or
before January 28, 2022, please produce all documents requested during the deposition
of your client, non-party witness Scott Eisenmesser, Esq., on December 6, 2021, from
the period November 26, 2005 to the present:

1. Any written documents that reflect the policy of Rivkin Radler LLP ("Rivkin
Radler”) regarding opening new matters, including policies as to conflicts of
interest and including the mechanics of opening a new matter for Rivkin
Radler’s filing system. Scott Eisenmesser Dep. Tr., 12/6/21, p. 31, lines 5-121;

2. Rivkin Radler’s form used for opening a new business matter and/or opening
a new file matter. Scott Eisenmesser Dep. Tr., 12/6/21, p. 31, lines 23-25; p.
32, lines 2-4;

1 C ita tio n s
to th ed e p o s itio n
tr a n s c r ip t
o f S c o tt
E is e n m e s s e r
on D e c e m b e r 6,
2021 s h a ll
h e re a fte r

be d e s ig n a t e d
as " E is e n m e s s e r
D ep. T r.,
1 2 /6 /2 1 ,
p . ___, l i n e ( s ) ____ . ”

{01193407.docx.}
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Todd Belous, Esq.
Rivkin Radler LLP
December 28, 2021
Page 2

3. The new business matter form and/or new file form completed in this action
concerning Mira Hertz and/or Samuel Hertz, and any emails concerning or
relating to such new business matter and/or new file form completed in this
action concerning Mira Hertz and/or Samuel Hertz. Scott Eisenmesser Dep.
Tr., 12/6/21, p. 32, lines 7-12;

4. Any documents and/or Rivkin Radler memorandum regarding the firm ’s
conflict of interest search in this particular matter concerning existing or
potential conflicts of interest concerning Samuel Hertz, Mira Hertz, and/or
companies and/or entities in which Samuel Hertz and/or Mira Hertz had an
interest. Scott Eisenmesser Dep. Tr., 12/6/21, p. 34, lines 8-12;

5. Rivkin Radler’s engagement letter with Mira Hertz concerning estate planning
matters. Scott Eisenmesser Dep. Tr., 12/6/21, p. 36, line 25, p. 37, lines 2-4;

6. Rivkin Radler’s engagement letter with Samuel Hertz concerning matters not
related to estate planning for Mira Hertz. Scott Eisenmesser Dep. Tr., 12/6/21,
p. 38, lines 17-18;

7. All emails, letters of engagement, and/or proposed letters of engagement
transmitted to Mira Hertz and/or Samuel Hertz. Scott Eisenmesser Dep. Tr.,
12/6/21, p. 39, lines 11-14;

8. All documents, drafts, emails and notes that relate to Eisenmesser Deposition
Exhibit 17 [Statement signed by Mira Hertz on November 26, 2008]. Scott
Eisenmesser Dep. Tr., 12/6/21, p. 51, lines 16-19;

9. All documents, including all drafts, that were sent by mail from Rivkin Radler
to Mira Hertz, including but not limited to drafts of wills, trusts, family trusts,
the purported last will and testament of Mira Hertz signed by Mira Hertz on
November 26, 2008, the purported Mira Hertz Revocable Trust Agreement,
dated and signed by Mira Hertz on November 26, 2008, and the purported
Mira Hertz Family Trust Agreement, dated and signed by Mira Hertz on
November 26, 2008. Scott Eisenmesser Dep. Tr., 12/6/21, p. 57, lines 6-10,
15-23;

10. Copies of all letters of transmittal and enclosures sent by Rivkin Radler to
Mira Hertz with drafts of the purported last will and testament of Mira Hertz
signed by Mira Hertz on November 26, 2008, the purported Mira Hertz
Revocable Trust Agreement, dated and signed by Mira Hertz on November
26, 2008, and the purported Mira Hertz Family Trust Agreement, dated and

{01193407.docx.}
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Todd Belous, Esq.
Rivkin Radler LLP
December 28, 2021
Page 3

signed by Mira Hertz on November 26, 2008. Scott Eisenmesser Dep. Tr.,
12/6/21, p. 58, lines 12-16;

11. All letters of transmittal and enclosures and/or emails and attachments sent
by Rivkin Radler to Samuel Hertz that shows the way Rivkin Radler
transmitted documents and/or final documents in this action, and/or
documents proposed to be signed by Mira Hertz and/or Samuel Hertz. Scott
Eisenmesser Dep. Tr., 12/6/21, p. 59, lines 7-13;

12. Letters of transmittal and/or emails sent by Rivkin Radler to Samuel Hertz as
to any drafts of documents in relation to the estate plan of Mira Hertz,
including but not limited to the purported last will and testament of Mira Hertz
signed by Mira Hertz on November 26, 2008, the purported Mira Hertz
Revocable Trust Agreement, dated and signed by Mira Hertz on November
26, 2008, and the purported Mira Hertz Family Trust Agreement, dated and
signed by Mira Hertz on November 26, 2008, as well as the documents that
implement Mira Hertz’s estate plan, including but not limited to promissory
notes, sales agreements and/or stock powers, and all drafts of such
documents. Scott Eisenmesser Dep. Tr., 12/6/21, p. 60, lines 19-25, p. 61,
lines 2-3;

13. All of Scott Eisenmesser’s notes, letters and/or emails consistent with what
Mr. Eisenmesser described regarding Mira Hertz’s intentions to give all of her
assets to Samuel Hertz in 2008. Scott Eisenmesser Dep. Tr., 12/6/21, p. 82,
lines 19-23;

14. All of Scott Eisenmesser’s notes or notes from any lawyer at Rivkin Radler
regarding Mira Hertz’s intentions to give any assets to her grandchildren in
2008 that might exist, or regarding Mira Hertz’s intention not to give any
assets to her grandchildren. Scott Eisenmesser Dep. Tr., 12/6/21, p. 85, lines
20-25; p. 86, lines 2-4;

15. All documents, including but not limited to letters and/or emails, which Rivkin
Radler and/or Scott Eisenmesser transmitted to Mira Hertz, including but not
limited to recommendations as to complex estate planning strategies for Mira
Hertz. Scott Eisenmesser Dep. Tr., 12/6/21, p. 91, lines 15-21;

16. All transmittal letters, and/or emails, and/or notes from conversations and/or
meetings from any lawyer at Rivkin Radler to Mira Hertz containing a
description or explanation of the estate planning documents being prepared

{01193407.docx.}
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Todd Belous, Esq.
Rivkin Radler LLP
December 28, 2021
Page 4

by Rivkin Radler for Mira Hertz, including but not limited to the purported last
will and testament of Mira Hertz signed by Mira Hertz on November 26, 2008,
the purported Mira Hertz Revocable Trust Agreement, dated and signed by
Mira Hertz on November 26, 2008, and the purported Mira Hertz Family Trust
Agreement, dated and signed by Mira Hertz on November 26, 2008, as well
as the documents that implement Mira Hertz’s estate plan. Scott Eisenmesser
Dep. Tr., 12/6/21, p. 92, lines 2-16;

17. All powers of attorney forms, health care proxies and living wills, in draft form
and/or final form prepared by Rivkin Radler for Mira Hertz prior to January 18,
2010. Scott Eisenmesser Dep. Tr., 12/6/21, p. 107, lines 17-20;

18. All documents that Rivkin Radler has in its possession related to
Eisenmesser Deposition Exhibit 47, which was produced by non-party
witness Bernard Jaffe, Esq. [handwritten documents signed by Mira Hertz on
July 23, 2007]. Scott Eisenmesser Dep. Tr., 12/6/21, p. 113, lines 23-25, page
114, lines 2-9;

19. All draft documents and all electronic documents of documents previously
produced by Rivkin Radler in this action, including but not limited to electronic
versions of Eisenmesser Deposition Exhibit 41 [Mira Hertz Asset Worksheet].
Scott Eisenmesser Dep. Tr., 12/6/21, p. 119, lines 2-7.

20. Original will of Mira Hertz, dated April 14, 2008, and electronic and original
versions of the documents signed by Mira Hertz, including but not limited to
the purported last will and testament of Mira Hertz signed by Mira Hertz on
November 26, 2008, the purported Mira Hertz Revocable Trust Agreement,
dated and signed by Mira Hertz on November 26, 2008, and the purported
Mira Hertz Family Trust Agreement, dated and signed by Mira Hertz on
November 26, 2008, signed promissory notes and electronic and original
documents and notes signed by Mira Hertz. Scott Eisenmesser Dep. Tr.,
12/6/21, p. 120, lines 5-15;

21. Unredacted copy of Eisenmesser Deposition Exhibit 3 [Memorandum from
Scott Eisenmesser to Sarah Rebosa, cc Yaron Kornblum, dated July 17,
2008], and all attachments to the July 17, 2008 memorandum. Scott
Eisenmesser Dep. Tr., 12/6/21, p. 131, lines 2-8;

{01193407.docx.}
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Todd Belous, Esq.
Rivkin Radler LLP
December 28, 2021
Page 5

22. Documents, in electronic and/or paper form, that Rivkin Radler had ready for
Mira Hertz to sign on November 21, 2008. Scott Eisenmesser Dep. Tr.,
12/6/21, p. 141, lines 17-22;

23. All notes and memoranda made by Scott Eisenmesser as to his meeting with
Mira Hertz or anybody else concerning the meeting with Mira Hertz on
November 21,2008. Scott Eisenmesser Dep. Tr., 12/6/21, p. 144, lines 13-18;

24. Any notes and/or any other documents that Rivkin Radler may have that
relates in any way, directly or indirectly, to the agreement Samuel Hertz had
with Mira Hertz [to take care of Joseph’s children] to which he admitted to in
his deposition testimony and in his taped conversation with Ivona Hertz. Scott
Eisenmesser Dep. Tr., 12/6/21, p. 150, lines 6-12;

25. All notes and/or other documents, in electronic or paper form, relating to
Eisenmesser Deposition Exhibit 34 [Confirmation of Facts]. Scott
Eisenmesser Dep. Tr., 12/6/21, p. 155, lines 13-16;

26. All invoices involving Rivkin Radler’s representation of Mira Hertz and
Samuel Hertz from inception through Mira Hertz’s date of death. Scott
Eisenmesser Dep. Tr., 12/6/21, p. 164, lines 18-23.

Please produce all of the documents requested above on or before January 28,
2022.

Very truly yours

cc: Justin Piccione, Esq.
Rivkin Radler LLP
926 RXR Plaza
Uniondale, NY 11556-0926
Attorneys for Defendant,
Samuel Hertz

{01193407.docx.}

Case Info

Judge

Richard Velasquez Track Judge’s New Case

Case No.

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Document Filed Date

April 22, 2022

Case Filing Date

November 27, 2019

County

Parties

BISCONE, MERRIL S Attorneys for Plaintiffs
BISCONE, MERRIL S Attorney for the Defendant
GORAK, JEFFREY PATRICK Attorneys for Defendants
GORAK, JEFFREY PATRICK Attorney for the Defendants
Jeffrey P Gorak Non Party
Joseph Hertz Non Party
Joseph Hertz Plaintiff
LANDAU, JAMES K Attorney for the Plaintiff
NIMETZ, IRMA K. Attorney for the Plaintiff
PICCIONE, JUSTIN MICHAEL Attorney for the Defendant
REILLY, PETER LAWRENCE Attorney
Rivkin Radler LLP Non Party
Samuel Hertz Individually, and as the Nominated Executor of the Purported Last Will & Testament of Mira Hertz, dated November 26, 2008, and as Trustee of the Mira Hertz Purported Revocable Trust Agreement, dated November 26, 2008, et al. Defendant
STRENG, FRANK W. Attorney for the Plaintiff
WILCK, DAVID STEPHEN Attorneys for Defendants
WILEY, DENNIS JAMES Attorney for the Defendant
SCOTT EISENMESSER Attorney
JUSTIN PICCIONE Attorneys for Defendants
IRMA KATSMAN Attorneys for Plaintiffs
KEVIN LANDAU Attorneys for Plaintiffs
BERNARD JAFFE Attorney
BARRY LEIBOWICZ Attorney
RICHARD NAIDICH Attorney
BARBARA GABA Attorneys for Plaintiffs
MITCHELL GOLDBERG Attorneys for Defendants
YARON KORNBLUM Attorney
SAMUEL HURT Attorney
ERIC SANTOS Attorneys for Defendants
TODD BELOUS Attorney
WALTER GUMERSELL Attorney
SARAH REBOSA Attorney
STUART DAVIS Attorney
SOLOMON ANTAR Attorney
BRIAN CONNELLY Attorney
Amy Mitchell Attorney
RICHARD PETERSON Attorney
BERNARD WEINTRAUB Attorney
EDWARD HALL Attorney
GEOVANNY FERNANDEZ Attorney
ROBERT CHICCO Attorney
KATIE LACHTER Attorney
STEPHEN ROSSINI Attorney
KELECHI ACHOLONU Attorney
MIRIAM HERTZ Attorney
Frank Wei Attorneys for Defendants
DAVID FRANKEL Attorney
SIMEON BAUM Attorney
CAROL LASTORINO Attorney
COLLEEN MEENAN Attorney
JOSEPH DE SIMONE Attorney
JAMES COLLINS Attorney
BERYL NUSBAUM Attorney

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Exhibit,Appendix: Joseph Hertz v. Samuel Hertz Individually, and as the Nominated Executor of the Purported Last Will & Testament of Mira Hertz, dated November 26, 2008, and as Trustee of the Mira Hertz Purported Revocable Trust Agreement, dated November 26, 2008, et al.

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Case Info

Parties