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Exhibit C
FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 199 RECEIVED
INDEX
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FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM)
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JOSEPH HERTZ,
PLAINTIFF'S FIRST NOTICE
Plaintiff, OF DISCOVERY AND
INSPECTION
-against-
Index No. 526061/2019
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 Family Trust Agreement, dated November 26, 2008,
Defendant.
x
PLEASE TAKE NOTICE THAT, Plaintiff Joseph Hertz (hereinafter "Plaintiff" or
"Joseph Hertz"), hereby demands, pursuant to Article 31 of the Civil Practice Law and
Rules (hereinafter "CPLR"), that Defendant, Samuel Hertz (hereinafter "Defendant" or
"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 Family Trust Agreement, dated November 26, 2008, produce for
inspection and copying documents in his possession, custody, or control, described
herein (the " Document Request"), at the offices of McCarthy Fingar LLP, 11 Martine
Avenue, 12th Floor, White Plains, New York on or before July 13, 2020.
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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 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 Family Trust Agreement, dated November 26, 2008, Index No.
526061/2019, in the Supreme Court of the State of New York, County of Kings.
B. "Joseph Hertz" or "Plaintiff" means plaintiff Joseph Hertz, and any of his 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 all times 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 Family
Trust Agreement, dated November 26, 2008, and any of 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 Wolf
Holding Ca, Ltd., 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, 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.
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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 "Purported Will" means the paper writing purporting to be the Last Will
and Testament of Decedent, dated November 26, 2008.
G. The "Purported Mira Hertz Revocable Trust Agreement, dated November
26, 2008", means the 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 "Purported Mira Hertz Family Trust Agreement, dated November 26,
2008", means the 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 "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 Defendant, and any of his
companies, agents, employees, representatives, accountants, attorneys (present and
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former), 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 "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, caâ–ºendars, 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 and optically stored information ("ESl"), including
but not limited to cloud computing or cloud drives .
K. "Plaintiffs Children" means, for the purposes of this Document Request,
Samson Hertz and Kayla Hertz.
L. The term "communication" means every manner of transmitting, and the
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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.
M. 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).
N. The singular includes the plural and the plural includes the singular.
O. The word "all" is to be construed as "any and all," and 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 Plaintiff's Document Request any information or
documents that might otherwise be considered to be beyond its scope.
P. 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.
Q. The term "including" means including without limitation.
R. 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.
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COUNTY CLERK 04/22/2022 07:48 PM)
NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022
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
Document Request in Your possession, custody or control, or in the possession, custody
or control of Your spouse, Hagit Hertz, and/or any parents, affiliates, subsidiaries,
directors, officers, members, employees, agents, attorneys, accountants, consultants, or
other representatives, regardless of whether such responsive documents are located on
business or personal property.
C. 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.
D. 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
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.
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E. 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.
F. 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.
G. 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.
H. 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
forensic inspection.
I. Plaintiff's Document Request shall be deemed continuing so as to require
further and supplemental production by the Defendant in the event that he discovers or
obtains additional information or documents between the time of the initial response to
Plaintiff's Document Request and the final disposition of this Action pursuant to CPLR §
3101(h).
J. 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
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document produced is located, and is to be labeled to correspond with the specific
numbered request set forth herein and in response to which it is 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.
K. 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.
L. Unless otherwise specified, the time period covered by each request is from
November 26, 2005 through November 26, 2010.
M. 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.
N. Failure to provide information in response to this Document Request 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 Document Request.
REQUESTS FOR PRODUCTION OF DOCUMENTS
1. All documents and communications, including but not limited to ES1,
correspondence, memoranda, notes, appointments, diaries, books or journals,
time sheets, notation of meetings and telephone conferences, computer
printouts, bills, canceled checks, statements, and/or invoices concerning the
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inception, formation, preparation, and execution of Decedent's Purported Will
and other documents as part of her estate plan, including but not limited to
documents concerning next of kin and the Decedent's relationship with them,
assets of Decedent, and forms used in the preparation of the Purported Will.
2. All drafts, and documents and communications concerning drafts of the
Purported Will, including but not limited to those containing handwritten
notations or markups.
3. All documents regarding the transmission of drafts of the Purported Will to the
Decedent and/or Defendant both before and after the alleged execution thereof.
4. All documents and communications concerning wills, codicils, and drafts and/or
unexecuted copies of wills and/or codicils made prior to or subsequent to the
Purported Will, regardless of date.
5. All ESI concerning the preparation or execution of the Purported Will, including
but not limited to any emails or other documents concerning the Purported Will
in the possession or control of Defendant.
6, All attorneys' documents and communications, including but not limited to
correspondence, memoranda, notes, appointments, diaries, books or journals,
time sheets, notations of meetings and telephone conferences, computer
printouts, bills, canceled checks, statements, and/or invoices concerning the
following, regardless of date: (a) the preparation and execution of any will for
Decedent; (b) Decedent's estate plan; (c) Decedent's intentions as to
distributions under any will or under her estate plan; (d) Decedent's property,
including real, personal or intangible property owned, in part or in whole, by the
Decedent, and/or corporations, partnerships, limited liability companies or
otherwise; (e) Decedent's other assets; (f) the performance of legal work or
other services performed for Decedent by any attorney and/or any law firm.
7 All documents and communications, including but not limited to
correspondence, notes, emails and/or text messages, and/or audio or video
recordings, either written by the Decedent, and/or exchanged between the
Decedent and/or Defendant and/or Defendant's issue and/or Defendant's
spouse, Hagit Hertz, concerning the following, regardless of date: (a) the
Decedent's Purported Will, or any other wills of the Decedent; (b) the Decedent's
estate plan; (c) the Decedent's intentions as to distributions under the Purported
Will, or any other will, or under her estate plan; (d) Decedent's property,
including real, personal or intangible property owned, in part or in whole, by the
Decedent and/or corporations, partnerships, limited liability companies or
otherwise; (e) Decedent's other assets.
8. All documents and communications concerning the location, possession,
custody and control of the original Purported Will from the date of execution to
the present, including but not limited to: (a) Rivkin Radler LLP's possession,
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custody and control of the original Purported Will on the date of execution; (b)
Rivkin Radler LLP's alleged release of the original Purported Will to Defendant;
(c) Defendant's alleged return of the original Purported Will to Rivkin Radler LLP;
(d) the current location of the original Purported Will; (e) any actions taken by
anyone to locate the original Purported Will.
9. All documents concerning the Purported Mira Hertz Revocable Trust, including but
not limited to: (a) agreement creating the trust; (b) amendments and
restatements of the trust, if any; (c) the initial funding of the trust; (d) financial
statements relating to the trust; (e) Federal, State and local tax returns; (f) bank
statements and brokerage statements for assets on hand; (g) date of death
valuation and current valuation of assets, including but not limited to appraisals
of real estate and other assets; (h) appointment(s) of trustee(s), including any
designations, acceptances, and/or resignations of such trustees; and (i)
distributions from the trust to anyone from Decedent's date of death.
10. All documents concerning the Purported Mira Hertz Family Trust, including but not
limited to: (a) agreement creating the trust; (b) amendments and restatements
of the trust, if any; (c) the initialfunding of the trust; (d) financial statements
relating to the trust; (e) Federal, State and local tax returns; (f) bank statements
and brokerage statements for assets on hand; (g) date of death valuation and
current valuation of assets, including but not limited to appraisals of real estate
and other assets; (h) appointment(s) of trustee(s), including any designations,
acceptances, and/or resignations of such trustees; and (i) distributions from the
trust to anyone from Decedent's date of death.
11. All documents and communications, including but not limited to ESI,
correspondence, memoranda, notes, appointments, diaries, books or journals,
time sheets, notation of meetings and telephone conferences, computer
printouts, bills, canceled checks, statements, and/or invoices, in the possession
or control of Defendant and/or the Decedent's attorneys, concerning the inception,
formation, preparation, and execution of the Purported Mira Hertz Revocable Trust
Agreement, dated November 26, 2008, and the Purported Mira Hertz Family Trust
Agreement, dated November 26, 2008, including but not limited to forms used in the
preparation of the Purported Mira Hertz Revocable Trust Agreement, dated
November 26, 2008, and the Purported Mira Hertz Family Trust Agreement, dated
November 26, 2008, other documents as part of her estate plan, documents
concerning next of kin and the Decedent's relationship with them, and assets of
the Decedent.
12. All drafts and/or unexecuted copies, and documents and communications
concerning drafts and/or unexecuted copies, regardless of date, of the Purported
Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and the Purported
Mira Hertz Family Trust Agreement, dated November 26, 2008, including but not
limited to any drafts containing handwritten notations or markups, made prior to
or subsequent to the Purported Mira Hertz Revocable Trust Agreement, dated
November 26, 2008, and/or the Purported Mira Hertz Family Trust Agreement, dated
November 26, 2008.
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13. All documents concerning the transmission of drafts of the Purported Mira Hertz
Revocable Trust Agreement, dated November 26, 2008, and the transmission of
drafts of the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008,
to the Decedent and/or to the Defendant, both before and after the alleged
execution thereof.
14. All documents and communications, including but not limited to
correspondence, notes, emails, text and/or voice mail or telephone messages
between Defendant and Plaintiff, from in or about June 2015 to the present,
concerning the Purported Will, and/or the Purported Mira Hertz Revocable Trust
Agreement, dated November 26, 2008, and/or the Purported Mira Hertz Family Trust
Agreement, dated November 26, 2008, and/or any other estate planning documents of
the Decedent.
15. All still pictures, audio tapes, and/or videotapes bearing the voice, image or
likeness of the Decedent, including but not limited to those concerning the
formation, preparation and execution of the Purported Will, and/or the Purported
Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and/or the
Purported Mira Hertz Family Trust Agreement, dated November 26, 2008.
16. All revocable and irrevocable trusts prepared for, and/or executed by Decedent,
including amendments and restatements, and all drafts, regardless of date.
17. With respect to any revocable and/or irrevocable trusts prepared for and/or
executed by the Decedent, all documents including but not limited to: (a)
agreement creating the trust (as amended); (b) the initial funding of the trust; (c)
financial statements relating to the trust; (d) Federal, State and local tax returns;
(e) bank statements and brokerage statements for assets on hand; (f) current
valuation of assets, including but not limited to appraisals of real estate and
other assets; (g) appointments of trustee(s), including any designations,
acceptances, and/or resignations of such trustees.
18. All documents concerning unitrusts or annuity trusts in which the Decedent
created, participated or founded, and/or had a beneficial interest.
19. All documents and communications, including but not limited to
correspondence, memoranda, notes, appointments, diaries, books or journals,
time sheets, notation of meetings and telephone conferences, computer
printouts, bills,canceled checks, statements, engagement or retention letters,
and/or invoices between Decedent and/or Defendant and Rivkin Radler LLP.
20. All documents and communications between Decedent and Defendant relating
to Rivkin Radler LLP.
21. All documents and communications, including but not limited to ESI,
correspondence, memoranda, notes, appointments, diaries, books or journals,
time sheets, notation of meetings and telephone conferences, computer
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printouts, bills, canceled checks, statements, engagement or retention letters,
and/or invoices between Decedent and/or Defendant, and/or Barry Leibowicz,
Esq., and/or Bernard Jaffe, Esq. concerning any originals and/or drafts of wills,
codicils, trusts and/or other estate planning documents for the Decedent and/or
Decedent's late husband, Wolf Hertz, regardless of date.
22. All documents and communications, including but not limited to ESI,
correspondence, memoranda, notes, appointments, diaries, books or journals,
time sheets, notation of meetings and telephone conferences, computer
printouts concerning Decedent's disinheritance of Plaintiff and Plaintiffs
Children in the Purported Will, and/or the Purported Mira Hertz Revocable Trust
Agreement, dated November 26, 2008, and/or the Purported Mira Hertz Family
Trust Agreement, dated November 26, 2008.
23. All documents and communications concerning Defendant's conversation(s),
and/or agreement(s), and/or promise(s), and/or discussion(s) with Decedent
concerning Decedent's disinheritance of Plaintiff and Plaintiffs Children in the
Purported Will, and/or the Purported Mira Hertz Revocable Trust, and/or the
Purported Mira Hertz Family Trust, regardless of date.
24. All documents concerning Defendant's communication and/or promise to
Decedent that Defendant would "take care of Plaintiff's Children" when
Decedent died, regardless of date.
25. All documents and communications concerning family disputes between any of
the Decedent and/or Plaintiff and/or Defendant, regardless of date.
26. All documents and communications between Decedent and anyone, including
but not limited to Elyse Sarhis, and/or Ehud a/k/a Udi Livne, and/or any
employees of Samjo Re
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FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 06/15/2022 Exhibit C FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED INDEX NYSCEF: NO. 06/15/2022 526061/2019 FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM) NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JOSEPH HERTZ, PLAINTIFF'S FIRST NOTICE Plaintiff, OF DISCOVERY AND INSPECTION -against- Index No. 526061/2019 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 Family Trust Agreement, dated November 26, 2008, Defendant. x PLEASE TAKE NOTICE THAT, Plaintiff Joseph Hertz (hereinafter "Plaintiff" or "Joseph Hertz"), hereby demands, pursuant to Article 31 of the Civil Practice Law and Rules (hereinafter "CPLR"), that Defendant, Samuel Hertz (hereinafter "Defendant" or "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 Family Trust Agreement, dated November 26, 2008, produce for inspection and copying documents in his possession, custody, or control, described herein (the " Document Request"), at the offices of McCarthy Fingar LLP, 11 Martine Avenue, 12th Floor, White Plains, New York on or before July 13, 2020. (01024498.docx.) FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED INDEX NYSCEF: NO. 06/15/2022 526061/2019 FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM) NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 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 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 Family Trust Agreement, dated November 26, 2008, Index No. 526061/2019, in the Supreme Court of the State of New York, County of Kings. B. "Joseph Hertz" or "Plaintiff" means plaintiff Joseph Hertz, and any of his 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 all times 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 Family Trust Agreement, dated November 26, 2008, and any of 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 Wolf Holding Ca, Ltd., 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, 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. 2 {01024498.docx.} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 06/15/2022 WILED: KINGS COUNTY CLERK 04/22/2022 07:48 INDEX NO. 526061/2019 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 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 "Purported Will" means the paper writing purporting to be the Last Will and Testament of Decedent, dated November 26, 2008. G. The "Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008", means the 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 "Purported Mira Hertz Family Trust Agreement, dated November 26, 2008", means the 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 "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 Defendant, and any of his companies, agents, employees, representatives, accountants, attorneys (present and 3 (01024498.docx.) FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED INDEX NYSCEF: NO. 06/15/2022 526061/2019 FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 former), 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 "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, ca►endars, 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 and optically stored information ("ESl"), including but not limited to cloud computing or cloud drives . K. "Plaintiffs Children" means, for the purposes of this Document Request, Samson Hertz and Kayla Hertz. L. The term "communication" means every manner of transmitting, and the 4 {01024498.docx.} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED INDEX NYSCEF: NO. 06/15/2022 526061/2019 FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM) NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 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. M. 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). N. The singular includes the plural and the plural includes the singular. O. The word "all" is to be construed as "any and all," and 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 Plaintiff's Document Request any information or documents that might otherwise be considered to be beyond its scope. P. 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. Q. The term "including" means including without limitation. R. 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. 5 {01024498.docx.} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 06/15/2022 FILED: KINGS INDEX NO. 526061/2019 COUNTY CLERK 04/22/2022 07:48 PM) NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 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 Document Request in Your possession, custody or control, or in the possession, custody or control of Your spouse, Hagit Hertz, and/or any parents, affiliates, subsidiaries, directors, officers, members, employees, agents, attorneys, accountants, consultants, or other representatives, regardless of whether such responsive documents are located on business or personal property. C. 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. D. 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 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. 6 {01024498.docx.} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 06/15/2022 526061/2019 FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 E. 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. F. 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. G. 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. H. 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 forensic inspection. I. Plaintiff's Document Request shall be deemed continuing so as to require further and supplemental production by the Defendant in the event that he discovers or obtains additional information or documents between the time of the initial response to Plaintiff's Document Request and the final disposition of this Action pursuant to CPLR § 3101(h). J. 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 7 {01024498.docx,} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 06/15/2022 FILED: KINGS COUNTY CLERK INDEX NO. 526061/2019 04/22/2022 07:48 Pkilj NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 document produced is located, and is to be labeled to correspond with the specific numbered request set forth herein and in response to which it is 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. K. 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. L. Unless otherwise specified, the time period covered by each request is from November 26, 2005 through November 26, 2010. M. 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. N. Failure to provide information in response to this Document Request 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 Document Request. REQUESTS FOR PRODUCTION OF DOCUMENTS 1. All documents and communications, including but not limited to ES1, correspondence, memoranda, notes, appointments, diaries, books or journals, time sheets, notation of meetings and telephone conferences, computer printouts, bills, canceled checks, statements, and/or invoices concerning the 8 {01024498.docx.} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 06/15/2022 FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 inception, formation, preparation, and execution of Decedent's Purported Will and other documents as part of her estate plan, including but not limited to documents concerning next of kin and the Decedent's relationship with them, assets of Decedent, and forms used in the preparation of the Purported Will. 2. All drafts, and documents and communications concerning drafts of the Purported Will, including but not limited to those containing handwritten notations or markups. 3. All documents regarding the transmission of drafts of the Purported Will to the Decedent and/or Defendant both before and after the alleged execution thereof. 4. All documents and communications concerning wills, codicils, and drafts and/or unexecuted copies of wills and/or codicils made prior to or subsequent to the Purported Will, regardless of date. 5. All ESI concerning the preparation or execution of the Purported Will, including but not limited to any emails or other documents concerning the Purported Will in the possession or control of Defendant. 6, All attorneys' documents and communications, including but not limited to correspondence, memoranda, notes, appointments, diaries, books or journals, time sheets, notations of meetings and telephone conferences, computer printouts, bills, canceled checks, statements, and/or invoices concerning the following, regardless of date: (a) the preparation and execution of any will for Decedent; (b) Decedent's estate plan; (c) Decedent's intentions as to distributions under any will or under her estate plan; (d) Decedent's property, including real, personal or intangible property owned, in part or in whole, by the Decedent, and/or corporations, partnerships, limited liability companies or otherwise; (e) Decedent's other assets; (f) the performance of legal work or other services performed for Decedent by any attorney and/or any law firm. 7 All documents and communications, including but not limited to correspondence, notes, emails and/or text messages, and/or audio or video recordings, either written by the Decedent, and/or exchanged between the Decedent and/or Defendant and/or Defendant's issue and/or Defendant's spouse, Hagit Hertz, concerning the following, regardless of date: (a) the Decedent's Purported Will, or any other wills of the Decedent; (b) the Decedent's estate plan; (c) the Decedent's intentions as to distributions under the Purported Will, or any other will, or under her estate plan; (d) Decedent's property, including real, personal or intangible property owned, in part or in whole, by the Decedent and/or corporations, partnerships, limited liability companies or otherwise; (e) Decedent's other assets. 8. All documents and communications concerning the location, possession, custody and control of the original Purported Will from the date of execution to the present, including but not limited to: (a) Rivkin Radler LLP's possession, 9 {01024498.docx.} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 06/15/2022 FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM) INDEX NO. 526061/2019 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 custody and control of the original Purported Will on the date of execution; (b) Rivkin Radler LLP's alleged release of the original Purported Will to Defendant; (c) Defendant's alleged return of the original Purported Will to Rivkin Radler LLP; (d) the current location of the original Purported Will; (e) any actions taken by anyone to locate the original Purported Will. 9. All documents concerning the Purported Mira Hertz Revocable Trust, including but not limited to: (a) agreement creating the trust; (b) amendments and restatements of the trust, if any; (c) the initial funding of the trust; (d) financial statements relating to the trust; (e) Federal, State and local tax returns; (f) bank statements and brokerage statements for assets on hand; (g) date of death valuation and current valuation of assets, including but not limited to appraisals of real estate and other assets; (h) appointment(s) of trustee(s), including any designations, acceptances, and/or resignations of such trustees; and (i) distributions from the trust to anyone from Decedent's date of death. 10. All documents concerning the Purported Mira Hertz Family Trust, including but not limited to: (a) agreement creating the trust; (b) amendments and restatements of the trust, if any; (c) the initialfunding of the trust; (d) financial statements relating to the trust; (e) Federal, State and local tax returns; (f) bank statements and brokerage statements for assets on hand; (g) date of death valuation and current valuation of assets, including but not limited to appraisals of real estate and other assets; (h) appointment(s) of trustee(s), including any designations, acceptances, and/or resignations of such trustees; and (i) distributions from the trust to anyone from Decedent's date of death. 11. All documents and communications, including but not limited to ESI, correspondence, memoranda, notes, appointments, diaries, books or journals, time sheets, notation of meetings and telephone conferences, computer printouts, bills, canceled checks, statements, and/or invoices, in the possession or control of Defendant and/or the Decedent's attorneys, concerning the inception, formation, preparation, and execution of the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008, including but not limited to forms used in the preparation of the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008, other documents as part of her estate plan, documents concerning next of kin and the Decedent's relationship with them, and assets of the Decedent. 12. All drafts and/or unexecuted copies, and documents and communications concerning drafts and/or unexecuted copies, regardless of date, of the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008, including but not limited to any drafts containing handwritten notations or markups, made prior to or subsequent to the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and/or the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008. 10 {01024498,docx.} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 06/15/2022 FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM) INDEX NO. 526061/2019 NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 13. All documents concerning the transmission of drafts of the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and the transmission of drafts of the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008, to the Decedent and/or to the Defendant, both before and after the alleged execution thereof. 14. All documents and communications, including but not limited to correspondence, notes, emails, text and/or voice mail or telephone messages between Defendant and Plaintiff, from in or about June 2015 to the present, concerning the Purported Will, and/or the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and/or the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008, and/or any other estate planning documents of the Decedent. 15. All still pictures, audio tapes, and/or videotapes bearing the voice, image or likeness of the Decedent, including but not limited to those concerning the formation, preparation and execution of the Purported Will, and/or the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and/or the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008. 16. All revocable and irrevocable trusts prepared for, and/or executed by Decedent, including amendments and restatements, and all drafts, regardless of date. 17. With respect to any revocable and/or irrevocable trusts prepared for and/or executed by the Decedent, all documents including but not limited to: (a) agreement creating the trust (as amended); (b) the initial funding of the trust; (c) financial statements relating to the trust; (d) Federal, State and local tax returns; (e) bank statements and brokerage statements for assets on hand; (f) current valuation of assets, including but not limited to appraisals of real estate and other assets; (g) appointments of trustee(s), including any designations, acceptances, and/or resignations of such trustees. 18. All documents concerning unitrusts or annuity trusts in which the Decedent created, participated or founded, and/or had a beneficial interest. 19. All documents and communications, including but not limited to correspondence, memoranda, notes, appointments, diaries, books or journals, time sheets, notation of meetings and telephone conferences, computer printouts, bills,canceled checks, statements, engagement or retention letters, and/or invoices between Decedent and/or Defendant and Rivkin Radler LLP. 20. All documents and communications between Decedent and Defendant relating to Rivkin Radler LLP. 21. All documents and communications, including but not limited to ESI, correspondence, memoranda, notes, appointments, diaries, books or journals, time sheets, notation of meetings and telephone conferences, computer 11 {01024498.docx.} FILED: KINGS COUNTY CLERK 06/15/2022 04:35 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 199 RECEIVED INDEX NYSCEF: NO. 06/15/2022 526061/2019 (FILED: KINGS COUNTY CLERK 04/22/2022 07:48 PM) NYSCEF DOC. NO. 154 RECEIVED NYSCEF: 04/22/2022 printouts, bills, canceled checks, statements, engagement or retention letters, and/or invoices between Decedent and/or Defendant, and/or Barry Leibowicz, Esq., and/or Bernard Jaffe, Esq. concerning any originals and/or drafts of wills, codicils, trusts and/or other estate planning documents for the Decedent and/or Decedent's late husband, Wolf Hertz, regardless of date. 22. All documents and communications, including but not limited to ESI, correspondence, memoranda, notes, appointments, diaries, books or journals, time sheets, notation of meetings and telephone conferences, computer printouts concerning Decedent's disinheritance of Plaintiff and Plaintiffs Children in the Purported Will, and/or the Purported Mira Hertz Revocable Trust Agreement, dated November 26, 2008, and/or the Purported Mira Hertz Family Trust Agreement, dated November 26, 2008. 23. All documents and communications concerning Defendant's conversation(s), and/or agreement(s), and/or promise(s), and/or discussion(s) with Decedent concerning Decedent's disinheritance of Plaintiff and Plaintiffs Children in the Purported Will, and/or the Purported Mira Hertz Revocable Trust, and/or the Purported Mira Hertz Family Trust, regardless of date. 24. All documents concerning Defendant's communication and/or promise to Decedent that Defendant would "take care of Plaintiff's Children" when Decedent died, regardless of date. 25. All documents and communications concerning family disputes between any of the Decedent and/or Plaintiff and/or Defendant, regardless of date. 26. All documents and communications between Decedent and anyone, including but not limited to Elyse Sarhis, and/or Ehud a/k/a Udi Livne, and/or any employees of Samjo Re