On April 23, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Costello, Cooney & Fearon, Pllc,
and
Melinda Burdick Bowe,
for Torts - Other (Unjust Enrichment/Convers)
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/24/2022
EXHIBIT “I”
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/24/2022
211 W JeffersonSt.,Syracuse,NY 13202
C S ETO
Tel:315.422.1152 | Fax:
315.422.1139
==°Nª=°¹n
COONEY & FEARON, PLLC
ExperienceInnovation PaulG. Ferrara, Partner
pferrara@ccf-law.com
Also Admitted in Massachusetts
November 16, 2021
VIA E-MAIL AND REGULAR MAIL
Andrew J. Ryan, Esq.
Woods Oviatt Gilman, LLP
1900 Bausch & Lomb Place
Rochester, New York 14604
Re: Costello, Cooney & Fearon, PLLC v. Bowe
Index No. 003917/2021
. .
Dear Andy:
We are in receipt of your e-mail of November 15, 2021 claiming CC&F has no right to
amend their Complaint per the CPLR. While we disagree with that analysis, inasmuch as the Court
imposed a stay of alldeadlines at the June 30, 2021 conference, we will reserve on the issue of the
amendment. The evidence will support those claims.
You will also see that we have now filed our Reply to Counterclaims. We hope Defendant
will accept that filing without the need for motion practice. Now that issue has been joined on the
Counterclaims, we also serve herewith CC&F's First Set of Interrogatories.
Finally, with respect to your inquiry regarding our response to Defendant's Notice to
Produce, we had anticipated making an initialproduction by the end of the month. As you can
imagine, searching the electronic files and e-mail boxes of an entire firm, and reviewing those
results for responsiveness and privilege is an extremely time-consuming task. Moreover, we are
now in the process of migrating to a new vendor for oui litigation management, and have had some
technical issues with that transition. As a result, we will endeavor to make a significant production
on or before December 10. Following that initial production, we will continue to produce
responsive documents to Defendant on a rolling basis as our review continues.
We further renew our objections to Defendant's refusal to respond to certain of CC&F's
discovery devices. As set forth in our letterof October 5, 2021, Defendant's objections are without
basis in New York law. Please provide responses to our demand for Defendant's residence.
Additionally, we echo your inquiry when we may leasoñably expect a response to our Notice to
Produce, which was served September 30, 2021; our Social Media Demand, served October 6,
2021; and our Demand for Tax Returns, served October 14, 2021.
ALBANY OFFICE CAZENOVIA OFFICE
220 Columbia Turnpike| Rensselaer, NY12144 5 Mill
Street| Cazenovia, NY13035
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/24/2022
Andrew J. Ryan, Esq.
November 16, 2021
Page 2
Finally, as we approach the holidays, itseems prudent that we look to January to schedule
depositions in this matter. Please advise as to Defendant's availability for an in-person deposition
at the offices of CC&F in Syracuse in January and early February.
We thank you for your anticipated attention to these matters. Should you have any
questions or conutients, please do not hesitate to contact me.
Very truly yours,
COSTELLO, COONEY & FE , PLLC
Paul G. Ferrara
PGF/lja
Enclosure
... -
.
Document Filed Date
February 24, 2022
Case Filing Date
April 23, 2021
Category
Torts - Other (Unjust Enrichment/Convers)
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Preview
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/24/2022 EXHIBIT “I” FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/24/2022 211 W JeffersonSt.,Syracuse,NY 13202 C S ETO Tel:315.422.1152 | Fax: 315.422.1139 ==°Nª=°¹n COONEY & FEARON, PLLC ExperienceInnovation PaulG. Ferrara, Partner pferrara@ccf-law.com Also Admitted in Massachusetts November 16, 2021 VIA E-MAIL AND REGULAR MAIL Andrew J. Ryan, Esq. Woods Oviatt Gilman, LLP 1900 Bausch & Lomb Place Rochester, New York 14604 Re: Costello, Cooney & Fearon, PLLC v. Bowe Index No. 003917/2021 . . Dear Andy: We are in receipt of your e-mail of November 15, 2021 claiming CC&F has no right to amend their Complaint per the CPLR. While we disagree with that analysis, inasmuch as the Court imposed a stay of alldeadlines at the June 30, 2021 conference, we will reserve on the issue of the amendment. The evidence will support those claims. You will also see that we have now filed our Reply to Counterclaims. We hope Defendant will accept that filing without the need for motion practice. Now that issue has been joined on the Counterclaims, we also serve herewith CC&F's First Set of Interrogatories. Finally, with respect to your inquiry regarding our response to Defendant's Notice to Produce, we had anticipated making an initialproduction by the end of the month. As you can imagine, searching the electronic files and e-mail boxes of an entire firm, and reviewing those results for responsiveness and privilege is an extremely time-consuming task. Moreover, we are now in the process of migrating to a new vendor for oui litigation management, and have had some technical issues with that transition. As a result, we will endeavor to make a significant production on or before December 10. Following that initial production, we will continue to produce responsive documents to Defendant on a rolling basis as our review continues. We further renew our objections to Defendant's refusal to respond to certain of CC&F's discovery devices. As set forth in our letterof October 5, 2021, Defendant's objections are without basis in New York law. Please provide responses to our demand for Defendant's residence. Additionally, we echo your inquiry when we may leasoñably expect a response to our Notice to Produce, which was served September 30, 2021; our Social Media Demand, served October 6, 2021; and our Demand for Tax Returns, served October 14, 2021. ALBANY OFFICE CAZENOVIA OFFICE 220 Columbia Turnpike| Rensselaer, NY12144 5 Mill Street| Cazenovia, NY13035 FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/24/2022 Andrew J. Ryan, Esq. November 16, 2021 Page 2 Finally, as we approach the holidays, itseems prudent that we look to January to schedule depositions in this matter. Please advise as to Defendant's availability for an in-person deposition at the offices of CC&F in Syracuse in January and early February. We thank you for your anticipated attention to these matters. Should you have any questions or conutients, please do not hesitate to contact me. Very truly yours, COSTELLO, COONEY & FE , PLLC Paul G. Ferrara PGF/lja Enclosure ... - .