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FILED: KINGS COUNTY CLERK 06/15/2022 04:13 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022
EXHIBIT B
FILED:
FILED: KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 04/22/2022
06/15/2022 07:48
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PM INDEX
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DOC. NO.
NO. 151
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
JOSEPH HERTZ,
Plaintiff, SUBPOENA DUCES
TECUM FOR RIVKIN
-against- RADLER LLP
SAMUEL HERTZ, Individually, and as the Nominated Index No.
Executor of the Purported Last Will & Testament of Mira 526061/2019
Hertz, dated November 26, 2008, and as Trustee of the
Purported Mira Hertz Revocable Trust Agreement, dated IAS Part 66
November 26, 2008, and as Trustee of the Purported Mira (Velasquez, J.)
Hertz Family Trust Agreement, dated November 26, 2008,
Defendant.
X
To: Rivkin Radler LLP
c/o Todd Belous, Esq.
926 RXR Plaza
Uniondale, NY 11556-0926
Email: Todd.Belous@rivkin.com
WE COMMAND YOU, RIVKIN RADLER LLP , that all business and excuses laid
aside, you appear and produce the following documents and things listed in Schedule A
annexed hereto to the undersigned attorneys at the offices of McCarthy Fingar LLP, 711
Westchester Avenue, Suite 405, White Plains, NY 10604, and/or electronically to Irma K.
Nimetz, Esq. at inimetz@mccarthyfingar.com on or before March 15, 2022.
PLEASE TAKE NOTICE, that the documents and things listed in Schedule A are
material and relevant to the prosecution of the above-captioned action pending in the
Supreme Court of the State of New York, County of Kings, against Defendant Samuel
Hertz (hereinafter "Defendant”), individually, and as the Nominated Executor of the
{01206648.docx.}
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Purported Last Will & Testament of Mira Hertz, dated November 26, 2008 (hereinafter the
“Purported W ill”), and as Trustee of the Purported Mira Hertz Revocable Trust
Agreement, dated November 26, 2008 (hereinafter the “Purported Trust”), and as Trustee
of the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008
(hereinafter the “Purported Family Trust”), and is seeking, inter alia, a judgment: (1)
setting aside and invalidating the Purported Trust and the Purported Family Trust on the
grounds of undue influence; and (2) ordering the imposition of a constructive trust over
all such payments wrongfully withheld by Defendant from Plaintiff and/or Plaintiff’s
children (hereinafter the “Action”). Documents in Rivkin Radler LLP’s possession,
custody and control are material and necessary to the prosecution of this Action based,
inter alia, upon Rivkin Radler LLP’s representation of the Decedent Mira Hertz and the
Defendant.
TAKE NOTICE, that false swearing or failure to comply with this Subpoena is
punishable and you will be liable pursuant to CPLR § 2308.
Dated: White Plains, New York
February 15, 2022
Mc Ca r t h y f in g a r llp
Frank W. Streng
Attorneys for Plaintiff,
Joseph Hertz
711 Westchester Avenue
Suite 405
White Plains, NY 10604
Tel. No. (914) 946-3700
inimetz@mccarthyfingar.com
fstreng@mccarthyfingar.com
2
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FILED:
FILED: KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 04/22/2022
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TO: Rivkin Radler LLP
926 RXR Plaza
Uniondale, NY 11556-0926
Attention: Justin Piccione, Esq.
Email: iustin.piccione@rivkin.com
Telephone: (516) 357-3323
Attorneys for Defendant,
Samuel Hertz
3
{01206648.docx.}
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FILED: KINGS
KINGS COUNTY
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SCHEDULE A
DEFINITIONS
As used herein, the following terms have the following meanings:
A. “Action” means the action commenced by Plaintiff entitled Joseph Hertz v.
Samuel Hertz, individually, and as the Nominated Executor o f the Purported Last Will &
Testament o f Mira Hertz, dated November 26, 2008, and as Trustee o f the Purported Mira
Hertz Revocable Trust Agreement, dated November 26, 2008, and as Trustee of the
Purported Mira Hertz Purported Family Trust Agreement, dated November 26, 2008,
Index No. 526061/2019, in the Supreme Court for the State of New York, County of Kings.
B. “Joseph Hertz” or “Plaintiff” means plaintiff Joseph Hertz, and any of his
companies and/or entities, agents, attorneys and accountants, and any other person who
acted or purported to act on his behalf at any and alltimes relevant to the issues raised
in this Action.
C. “Samuel Hertz” or “Defendant” means defendant 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 Purported Mira Hertz Revocable Trust
Agreement, dated November 26, 2008, and as Trustee of the Purported Mira Hertz
Purported Family Trust Agreement, dated November 26, 2008, and Defendant’s agents,
attorneys, accountants, representatives, employees, successors, assigns, and any
companies and/or entities in which Defendant has an interest, including but not limited to
North W olf Holding Co., Ltd., RS Construction, 787 East 46 LLC, 1261 Schenectady LLC,
Samjo Realty Corp., Josam Realty Corp., Rache Realty LLC, Shayn Realty LLC, Zevh
Realty LLC, Shyraz Management Co., LLC, Cores Realty Corp., Goder Realty Corp., 93
4
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Underhill Realty Corp., Wolmir Realty Corp., Kara Realty Corp., Lana Realty Corp., and
any other person who acted or purported to act on his behalf at any and all times relevant
to the issues raised in this Action.
D. Unless otherwise indicated, the terms “Deceased” and “Decedent” mean
Mira Hertz, or any other name by which she was known.
E. Unless otherwise indicated, the term “Decedent’s date of death” means
April 27, 2015.
F. The term “Purported Will” means the paper writing purporting to be the Last
Will and Testament of Decedent, dated November 26, 2008.
G. The term “Purported Mira Hertz Revocable Trust Agreement, dated
November 26, 2008” , means the purported Mira Hertz Revocable Trust Agreement, dated
November 26, 2008, and any of its Trustees, agents, attorneys and accountants,
representatives, successors, assigns, and any other person who acted or purported to
act on its behalf at any and all times relevant to the issues raised in this Action (the
Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, will
hereinafter be referred to as the “Purported Mira Hertz Revocable Trust Agreement, dated
November 26, 2008”, or the “Purported Mira Hertz Revocable Trust”).
H. The term “Purported Mira Hertz Family Trust Agreement, dated November
26, 2008”, means the purported Mira Hertz Family Trust Agreement, dated November 26,
2008, and any of its Trustees, agents, attorneys and accountants, representatives,
successors, assigns, and any other person who acted or purported to act on its behalf at
any and all times relevant to the issues raised in this Action (the Purported Mira Hertz
Family Trust Agreement, dated November 26, 2008, will hereinafter be referred to as the
5
{01206648.docx.}
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FILED: KINGS
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“Purported Mira Hertz Family Trust Agreement, dated November 26, 2008” , or the
“Purported Mira Hertz Family Trust”).
I. The terms “You” and “Your” means the law firm Rivkin Radler LLP and any
of his agents, employees, representatives, accountants, attorneys, including but not
limited to partners and/or associates at the law firm Rivkin Radler LLP, and/or any other
person(s) or any entity(ies) acting on his behalf or subject to his control at any and all
times relevant to the issues raised in this Action.
J. The term “Rivkin Radler” means the law firm Rivkin Radler LLP.
K. The term “Eisenmesser” means Scott Eisenmesser, Esq., or any of his
agents, employees, representatives, accountants, attorneys, including but not limited to
partners and/or associates at the law firm Rivkin Radler LLP, and/or any other person(s)
or any entity(ies) acting on his behalf or subject to his control at any and all times relevant
to the issues raised in this Action.
L. The term “Kornblum” means Yaron Kornblum, Esq. or any and any of his
agents, employees, representatives, accountants, attorneys, including but not limited to
partners and/or associates at the law firm Rivkin Radler LLP, and/or any other person(s)
or any entity(ies) acting on his behalf or subject to his control at any and all times relevant
to the issues raised in this Action.
M. The term “Gumersell” means Walter Gumersell, Esq., or any of his agents,
employees, representatives, accountants, attorneys, including but not limited to partners
and/or associates at the law firm Rivkin Radler LLP, and/or any other person(s) or any
entity(ies) acting on his behalf or subject to his control at any and all times relevant to the
issues raised in this Action.
6
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N. The term “document” or “documents” as used herein shall be defined as
every original writing and draft of any nature whatsoever, and all non-identical copies
thereof (whether different from the original because of notes made on such copies,
additional staple(s) markings or holes, or otherwise) of all written, printed, typed, pictorial,
or recorded matter of any kind and description, including all attachments or addenda
annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm,
photographic or other means, as well as reproductions thereof, in Your possession,
custody or control regardless of where located and includes, but is not limited to, advices,
annual, monthly or weekly reports, statements, business records, checks,
correspondence, contracts, prospective contracts, agreements, partnership agreements,
financial statements, appraisals, records, studies, summaries, memoranda, memoranda
of conferences and meetings, memoranda of telephone conversations, memoranda to
files, calendars, diaries, date books, journals, handwritten notes, working papers, work
sheets, diagrams, minutes, agendas, bulletins, notices, announcements, instructions,
charts, manuals, brochures, pamphlets and other publications, schedules, telegrams,
teletypes, photographs, audio tapes, videotapes, e-mails, text messages, tweets,
electronic recordings, facsimile transmissions, information stored on computer disc and
all other forms of electronically stored (“ESI”) and optically stored information, including
but not limited to cloud computing or cloud drives .
O. The term “Plaintiff’s Children” means, for the purpose of Subpoena Duces
Tecum, Samson Hertz and Kayla Hertz.
P. The term “Ivona Hertz” means Plaintiff’s former wife and the mother of
Plaintiff’s Children.
7
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Q. The term “communication” means every manner of transmitting, and the
transmittal, or receiving, and the receipt, of facts, information, opinions, thoughts, ideas,
or knowledge, whether orally, in writing or otherwise. As used herein, communication and
communications include, without limitation, each document concerning each
communication, as defined herein, and each document prepared, reviewed discussed,
received, exchanged, transmitted and/or transferred.
R. The term “identify” shall mean, as respects a natural person, to disclose
such person’s full name, home and business addresses and telephone numbers
(including cell/mobile and landline phone numbers and fax numbers).
S. The singular includes the plural and the plural includes the singular.
T. The word “all” is to be construed as “any and all,” the word “any” is to be
construed as “any and all,” and the word “each” is to be construed as “all and each,” so
as to bring within the scope of this Subpoena Duces Tecum any information or documents
that might otherwise be considered to be beyond its scope.
U. The words “and”, “or”, and “and/or” as used herein, shall be construed
conjunctively or disjunctively as necessary to make the request, definition or instruction
inclusive rather than exclusive.
V. The term “including” means including without limitation.
W. The term “concerning” shall mean concerning, comprising, identifying with,
referring to, describing, evidencing or constituting, dealing with, containing, embodying,
illustrating, reflecting, stating, commenting on, describing, responding to, relating to,
analyzing or pertaining to in any way.
8
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INSTRUCTIONS
A. IMPORTANT: It is specifically demanded that your response to each
of the Requests below be preceded by the text of the Request to which it responds.
B. You are required to search for and produce all documents responsive to this
Subpoena Duces Tecum in Your possession, custody or control, or in the possession,
custody or control of any parents, affiliates, subsidiaries, directors, officers, members,
employees, agents of Rivkin Radler, and/or any entity in which You have an interest,
and/or Your current or former partners and other attorneys employed by Rivkin Radler,
accountants, consultants, or other representatives, regardless of whether such
responsive documents are located on business or personal property.
C. You are required to produce responsive documents on or before March 15,
2022, and may not respond or produce documents “on a rolling basis” , as such response
is improper and does not comply with the CPLR1.
D. Whenever a document requested calls for information that is not available
to You in the form requested, but is available in another form or can be obtained, at least
in part, from other data in Your possession, so state and either supply the information in
the form in which it is available or supply the data from which the information requested
can be obtained.
E. If any document requested herein is withheld from production on the
grounds of privilege or attorney work product, You are requested to supply the following
1 In Defendant’s Responses and Objections to Plaintiff’sFirst Notice of Discovery and Inspection,
dated August 4, 2020, Defendant’s attorneys, Rivkin Radler, did not produce any documents and
responded, to approximately 35 of the document requests, that “documents responsive to this demand will
be produced, to the extent such documents exist and are in Defendant’s possession, on a rolling basis.”
9
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information, unless divulgence of such information would cause disclosure of the
allegedly privileged information: (i) the nature of the privilege (including work product)
which is being asserted, including the factual and legal basis for the claimed privilege; (ii)
the type of document; (iii)the general subject matter of the document; (iv) the date of
the document; and (v) such other information as is sufficient to identify the document,
including, where appropriate, the author of the document, the addressee of the document,
and, where not apparent, the relationship of the author and addressee to each other.
F. If any document requested herein, or any portion thereof, was formerly in
Your possession, custody or control and has been lost or destroyed or You believe that
may be the case, You are requested to submit a written statement identifying the
author(s), recipient(s), subject matter, date prepared, date when the document was lost
or destroyed, the reason(s) for such destruction, the manner of the destruction, and the
identity of the person(s) requesting, authorizing and performing the destruction,
description of efforts to locate the document and copies of the document.
G. If more than one copy of a document responsive to a request exists, You
must produce each non-identical copy of the document for inspection and photocopying.
H. If any information is withheld because such information is stored
electronically or optically, You are requested to identify the subject matter of the
information, the place or places where such information is maintained and the custodian
thereof.
I. All documents requested herein that are maintained in electronic form shall
be produced in electronic form in their native format, and the hard drive of any computer
or any computer network that contains any such documents shall be made available for
10
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forensic inspection.
J. This Subpoena Duces Tecum shall be deemed continuing so as to require
further and supplemental production by the Defendant in the event that You discover or
obtain additional information or documents between the time of the initialresponse to this
Subpoena Duces Tecum and the final disposition of this Action pursuant to CPLR §
3101(h).
K. All documents requested herein shall be bates stamped and labeled to
correspond to the categories and/or number in this Subpoena Duces Tecum to which
such documents relate pursuant to CPLR 3122(c).
L. Each document is to be produced as kept in the usual course of business
including, but not limited to, the title or other description on the folder or file in which the
document produced is located, and is to be labeled to correspond with the specific
numbered request set forth herein and in response to which itis being produced. If a
document is being produced in response to more than one such specific request, the label
should identify by number each specific request in response to which it is being produced.
If no responsive documents are being produced, You should so state. Documents must
be produced in a manner that permits the source of the documents to be easily
ascertained.
M. All documents are to be produced in their entirety without abbreviation or
expurgation, including both front and back thereof, and all attachments or other matters
affixed thereto.
N. Unless otherwise specified, the time period covered by each request is from
November 26, 2005 through the present.
11
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0. Where an objection is made to any document request, the objection shall
state with specificity all grounds therefor. Any ground not stated in an objection shall be
waived. No part of a document request may be left unanswered merely because an
objection is interposed to another part of the document request.
P. Failure to provide information in response to this Subpoena Duces Tecum
will be deemed a waiver of Your right to produce such evidence at trial. Plaintiff reserves
the right to move to preclude the introduction of any evidence not produced in response
to this Subpoena Duces Tecum.
DEMANDS FOR PR
Preview
FILED: KINGS COUNTY CLERK 06/15/2022 04:13 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 189 RECEIVED NYSCEF: 06/15/2022 EXHIBIT B FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JOSEPH HERTZ, Plaintiff, SUBPOENA DUCES TECUM FOR RIVKIN -against- RADLER LLP SAMUEL HERTZ, Individually, and as the Nominated Index No. Executor of the Purported Last Will & Testament of Mira 526061/2019 Hertz, dated November 26, 2008, and as Trustee of the Purported Mira Hertz Revocable Trust Agreement, dated IAS Part 66 November 26, 2008, and as Trustee of the Purported Mira (Velasquez, J.) Hertz Family Trust Agreement, dated November 26, 2008, Defendant. X To: Rivkin Radler LLP c/o Todd Belous, Esq. 926 RXR Plaza Uniondale, NY 11556-0926 Email: Todd.Belous@rivkin.com WE COMMAND YOU, RIVKIN RADLER LLP , that all business and excuses laid aside, you appear and produce the following documents and things listed in Schedule A annexed hereto to the undersigned attorneys at the offices of McCarthy Fingar LLP, 711 Westchester Avenue, Suite 405, White Plains, NY 10604, and/or electronically to Irma K. Nimetz, Esq. at inimetz@mccarthyfingar.com on or before March 15, 2022. PLEASE TAKE NOTICE, that the documents and things listed in Schedule A are material and relevant to the prosecution of the above-captioned action pending in the Supreme Court of the State of New York, County of Kings, against Defendant Samuel Hertz (hereinafter "Defendant”), individually, and as the Nominated Executor of the {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 Purported Last Will & Testament of Mira Hertz, dated November 26, 2008 (hereinafter the “Purported W ill”), and as Trustee of the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008 (hereinafter the “Purported Trust”), and as Trustee of the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008 (hereinafter the “Purported Family Trust”), and is seeking, inter alia, a judgment: (1) setting aside and invalidating the Purported Trust and the Purported Family Trust on the grounds of undue influence; and (2) ordering the imposition of a constructive trust over all such payments wrongfully withheld by Defendant from Plaintiff and/or Plaintiff’s children (hereinafter the “Action”). Documents in Rivkin Radler LLP’s possession, custody and control are material and necessary to the prosecution of this Action based, inter alia, upon Rivkin Radler LLP’s representation of the Decedent Mira Hertz and the Defendant. TAKE NOTICE, that false swearing or failure to comply with this Subpoena is punishable and you will be liable pursuant to CPLR § 2308. Dated: White Plains, New York February 15, 2022 Mc Ca r t h y f in g a r llp Frank W. Streng Attorneys for Plaintiff, Joseph Hertz 711 Westchester Avenue Suite 405 White Plains, NY 10604 Tel. No. (914) 946-3700 inimetz@mccarthyfingar.com fstreng@mccarthyfingar.com 2 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 TO: Rivkin Radler LLP 926 RXR Plaza Uniondale, NY 11556-0926 Attention: Justin Piccione, Esq. Email: iustin.piccione@rivkin.com Telephone: (516) 357-3323 Attorneys for Defendant, Samuel Hertz 3 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 SCHEDULE A DEFINITIONS As used herein, the following terms have the following meanings: A. “Action” means the action commenced by Plaintiff entitled Joseph Hertz v. Samuel Hertz, individually, and as the Nominated Executor o f the Purported Last Will & Testament o f Mira Hertz, dated November 26, 2008, and as Trustee o f the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and as Trustee of the Purported Mira Hertz Purported Family Trust Agreement, dated November 26, 2008, Index No. 526061/2019, in the Supreme Court for the State of New York, County of Kings. B. “Joseph Hertz” or “Plaintiff” means plaintiff Joseph Hertz, and any of his companies and/or entities, agents, attorneys and accountants, and any other person who acted or purported to act on his behalf at any and alltimes relevant to the issues raised in this Action. C. “Samuel Hertz” or “Defendant” means defendant 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 Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and as Trustee of the Purported Mira Hertz Purported Family Trust Agreement, dated November 26, 2008, and Defendant’s agents, attorneys, accountants, representatives, employees, successors, assigns, and any companies and/or entities in which Defendant has an interest, including but not limited to North W olf Holding Co., Ltd., RS Construction, 787 East 46 LLC, 1261 Schenectady LLC, Samjo Realty Corp., Josam Realty Corp., Rache Realty LLC, Shayn Realty LLC, Zevh Realty LLC, Shyraz Management Co., LLC, Cores Realty Corp., Goder Realty Corp., 93 4 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 Underhill Realty Corp., Wolmir Realty Corp., Kara Realty Corp., Lana Realty Corp., and any other person who acted or purported to act on his behalf at any and all times relevant to the issues raised in this Action. D. Unless otherwise indicated, the terms “Deceased” and “Decedent” mean Mira Hertz, or any other name by which she was known. E. Unless otherwise indicated, the term “Decedent’s date of death” means April 27, 2015. F. The term “Purported Will” means the paper writing purporting to be the Last Will and Testament of Decedent, dated November 26, 2008. G. The term “Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008” , means the purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and any of its Trustees, agents, attorneys and accountants, representatives, successors, assigns, and any other person who acted or purported to act on its behalf at any and all times relevant to the issues raised in this Action (the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, will hereinafter be referred to as the “Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008”, or the “Purported Mira Hertz Revocable Trust”). H. The term “Purported Mira Hertz Family Trust Agreement, dated November 26, 2008”, means the purported Mira Hertz Family Trust Agreement, dated November 26, 2008, and any of its Trustees, agents, attorneys and accountants, representatives, successors, assigns, and any other person who acted or purported to act on its behalf at any and all times relevant to the issues raised in this Action (the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008, will hereinafter be referred to as the 5 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 “Purported Mira Hertz Family Trust Agreement, dated November 26, 2008” , or the “Purported Mira Hertz Family Trust”). I. The terms “You” and “Your” means the law firm Rivkin Radler LLP and any of his agents, employees, representatives, accountants, attorneys, including but not limited to partners and/or associates at the law firm Rivkin Radler LLP, and/or any other person(s) or any entity(ies) acting on his behalf or subject to his control at any and all times relevant to the issues raised in this Action. J. The term “Rivkin Radler” means the law firm Rivkin Radler LLP. K. The term “Eisenmesser” means Scott Eisenmesser, Esq., or any of his agents, employees, representatives, accountants, attorneys, including but not limited to partners and/or associates at the law firm Rivkin Radler LLP, and/or any other person(s) or any entity(ies) acting on his behalf or subject to his control at any and all times relevant to the issues raised in this Action. L. The term “Kornblum” means Yaron Kornblum, Esq. or any and any of his agents, employees, representatives, accountants, attorneys, including but not limited to partners and/or associates at the law firm Rivkin Radler LLP, and/or any other person(s) or any entity(ies) acting on his behalf or subject to his control at any and all times relevant to the issues raised in this Action. M. The term “Gumersell” means Walter Gumersell, Esq., or any of his agents, employees, representatives, accountants, attorneys, including but not limited to partners and/or associates at the law firm Rivkin Radler LLP, and/or any other person(s) or any entity(ies) acting on his behalf or subject to his control at any and all times relevant to the issues raised in this Action. 6 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 N. The term “document” or “documents” as used herein shall be defined as every original writing and draft of any nature whatsoever, and all non-identical copies thereof (whether different from the original because of notes made on such copies, additional staple(s) markings or holes, or otherwise) of all written, printed, typed, pictorial, or recorded matter of any kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as reproductions thereof, in Your possession, custody or control regardless of where located and includes, but is not limited to, advices, annual, monthly or weekly reports, statements, business records, checks, correspondence, contracts, prospective contracts, agreements, partnership agreements, financial statements, appraisals, records, studies, summaries, memoranda, memoranda of conferences and meetings, memoranda of telephone conversations, memoranda to files, calendars, diaries, date books, journals, handwritten notes, working papers, work sheets, diagrams, minutes, agendas, bulletins, notices, announcements, instructions, charts, manuals, brochures, pamphlets and other publications, schedules, telegrams, teletypes, photographs, audio tapes, videotapes, e-mails, text messages, tweets, electronic recordings, facsimile transmissions, information stored on computer disc and all other forms of electronically stored (“ESI”) and optically stored information, including but not limited to cloud computing or cloud drives . O. The term “Plaintiff’s Children” means, for the purpose of Subpoena Duces Tecum, Samson Hertz and Kayla Hertz. P. The term “Ivona Hertz” means Plaintiff’s former wife and the mother of Plaintiff’s Children. 7 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 Q. The term “communication” means every manner of transmitting, and the transmittal, or receiving, and the receipt, of facts, information, opinions, thoughts, ideas, or knowledge, whether orally, in writing or otherwise. As used herein, communication and communications include, without limitation, each document concerning each communication, as defined herein, and each document prepared, reviewed discussed, received, exchanged, transmitted and/or transferred. R. The term “identify” shall mean, as respects a natural person, to disclose such person’s full name, home and business addresses and telephone numbers (including cell/mobile and landline phone numbers and fax numbers). S. The singular includes the plural and the plural includes the singular. T. The word “all” is to be construed as “any and all,” the word “any” is to be construed as “any and all,” and the word “each” is to be construed as “all and each,” so as to bring within the scope of this Subpoena Duces Tecum any information or documents that might otherwise be considered to be beyond its scope. U. The words “and”, “or”, and “and/or” as used herein, shall be construed conjunctively or disjunctively as necessary to make the request, definition or instruction inclusive rather than exclusive. V. The term “including” means including without limitation. W. The term “concerning” shall mean concerning, comprising, identifying with, referring to, describing, evidencing or constituting, dealing with, containing, embodying, illustrating, reflecting, stating, commenting on, describing, responding to, relating to, analyzing or pertaining to in any way. 8 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 INSTRUCTIONS A. IMPORTANT: It is specifically demanded that your response to each of the Requests below be preceded by the text of the Request to which it responds. B. You are required to search for and produce all documents responsive to this Subpoena Duces Tecum in Your possession, custody or control, or in the possession, custody or control of any parents, affiliates, subsidiaries, directors, officers, members, employees, agents of Rivkin Radler, and/or any entity in which You have an interest, and/or Your current or former partners and other attorneys employed by Rivkin Radler, accountants, consultants, or other representatives, regardless of whether such responsive documents are located on business or personal property. C. You are required to produce responsive documents on or before March 15, 2022, and may not respond or produce documents “on a rolling basis” , as such response is improper and does not comply with the CPLR1. D. Whenever a document requested calls for information that is not available to You in the form requested, but is available in another form or can be obtained, at least in part, from other data in Your possession, so state and either supply the information in the form in which it is available or supply the data from which the information requested can be obtained. E. If any document requested herein is withheld from production on the grounds of privilege or attorney work product, You are requested to supply the following 1 In Defendant’s Responses and Objections to Plaintiff’sFirst Notice of Discovery and Inspection, dated August 4, 2020, Defendant’s attorneys, Rivkin Radler, did not produce any documents and responded, to approximately 35 of the document requests, that “documents responsive to this demand will be produced, to the extent such documents exist and are in Defendant’s possession, on a rolling basis.” 9 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 information, unless divulgence of such information would cause disclosure of the allegedly privileged information: (i) the nature of the privilege (including work product) which is being asserted, including the factual and legal basis for the claimed privilege; (ii) the type of document; (iii)the general subject matter of the document; (iv) the date of the document; and (v) such other information as is sufficient to identify the document, including, where appropriate, the author of the document, the addressee of the document, and, where not apparent, the relationship of the author and addressee to each other. F. If any document requested herein, or any portion thereof, was formerly in Your possession, custody or control and has been lost or destroyed or You believe that may be the case, You are requested to submit a written statement identifying the author(s), recipient(s), subject matter, date prepared, date when the document was lost or destroyed, the reason(s) for such destruction, the manner of the destruction, and the identity of the person(s) requesting, authorizing and performing the destruction, description of efforts to locate the document and copies of the document. G. If more than one copy of a document responsive to a request exists, You must produce each non-identical copy of the document for inspection and photocopying. H. If any information is withheld because such information is stored electronically or optically, You are requested to identify the subject matter of the information, the place or places where such information is maintained and the custodian thereof. I. All documents requested herein that are maintained in electronic form shall be produced in electronic form in their native format, and the hard drive of any computer or any computer network that contains any such documents shall be made available for 10 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 forensic inspection. J. This Subpoena Duces Tecum shall be deemed continuing so as to require further and supplemental production by the Defendant in the event that You discover or obtain additional information or documents between the time of the initialresponse to this Subpoena Duces Tecum and the final disposition of this Action pursuant to CPLR § 3101(h). K. All documents requested herein shall be bates stamped and labeled to correspond to the categories and/or number in this Subpoena Duces Tecum to which such documents relate pursuant to CPLR 3122(c). L. Each document is to be produced as kept in the usual course of business including, but not limited to, the title or other description on the folder or file in which the document produced is located, and is to be labeled to correspond with the specific numbered request set forth herein and in response to which itis being produced. If a document is being produced in response to more than one such specific request, the label should identify by number each specific request in response to which it is being produced. If no responsive documents are being produced, You should so state. Documents must be produced in a manner that permits the source of the documents to be easily ascertained. M. All documents are to be produced in their entirety without abbreviation or expurgation, including both front and back thereof, and all attachments or other matters affixed thereto. N. Unless otherwise specified, the time period covered by each request is from November 26, 2005 through the present. 11 {01206648.docx.} FILED: FILED: KINGS KINGS COUNTY COUNTY CLERK CLERK 04/22/2022 06/15/2022 07:48 04:13 PM PM INDEX INDEX NO. NO. 526061/2019 526061/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 151 189 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/22/2022 06/15/2022 0. Where an objection is made to any document request, the objection shall state with specificity all grounds therefor. Any ground not stated in an objection shall be waived. No part of a document request may be left unanswered merely because an objection is interposed to another part of the document request. P. Failure to provide information in response to this Subpoena Duces Tecum will be deemed a waiver of Your right to produce such evidence at trial. Plaintiff reserves the right to move to preclude the introduction of any evidence not produced in response to this Subpoena Duces Tecum. DEMANDS FOR PR