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. 40 RECEIVED NYSCEF: 02/24/2022
EXHIBIT “P”
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 02/24/2022
From: Daniel R. Rose
Sent: Wednesday, January 12, 2022 8:59 AM
To: Ryan, Andrew J.
Cc: Laurie Alesci
Subject: RE: CC&F v. Bowe - Defendant's Discovery Responses
Mr. Ryan:
Your response is somewhat inaccurate. Last week, you received the privilege log to accompany the document
productions which were served in mid-December. We previously timely provided our objections and responses to all
served requests. By contrast, Defendant continues to refuse to respond to various discovery devices served in
September–November 2021, and your response does not provide any answer to the inquiry when we can reasonably
expect those responses and Defendant’s document production.
Assuming Defendant provides those responses within the next two (2) weeks, we will work to find dates in the
latter half of February. We object to any depositions being conducted virtually on account of “the state of the
pandemic.” Everyone in our office is fully vaccinated, and we have large conference rooms where we can appropriately
socially distance. We anticipate deposing Defendant for a full day. How long do you plan to spend with Mr. Smith and
Mr. Langey?
Once Defendant has committed to fully responding to the outstanding discovery in the near future, I will follow
up with available dates for Mr. Smith and Mr. Langey.
From: Ryan, Andrew J.
Sent: Tuesday, January 11, 2022 8:54 AM
To: Daniel R. Rose
Cc: Laurie Alesci
Subject: RE: CC&F v. Bowe - Defendant's Discovery Responses
Mr. Rose,
We have not given you a date for my client's deposition yet, but we only last week received your full responses
to our discovery demands, which amount to over 9,000 pages of documents that we need to process. We will not be
conducing depositions until we have had a chance to review the information provided. We are also awaiting a response
to the subpoena that we served on Bowers & Co.
1
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 02/24/2022
How long do you expect to take deposing Ms. Bowe? As you know, we also served you with deposition notices,
and we need to set dates for our depositions as well. I would like to schedule the depositions all on the same date, or on
consecutive dates. Also, given the state of the pandemic, we may need to consider conducting depositions virtually. I
am currently looking at the last two weeks of February. Let me know what dates you and your witnesses are available
and we can coordinate dates.
Andrew J. Ryan, Esq.
Partner
Direct Dial: 585-987-2809
Direct Fax: 585-445-2309
Mobile: 585-402-5053
aryan@woodsoviatt.com
Firm Phone: 585-987-2800
Firm Fax: 585-454-3968
woodsoviatt.com
Visit our Covid-19 Resource Page
1900 Bausch & Lomb Place, Rochester, New York 14604
A Member of MERITAS Firms Worldwide.
THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE,
AND IS INTENDED ONLY FOR REVIEW AND USE BY THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING OF THIS
COMMUNICATION OR ANY PART THEREOF IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE DESTROY THIS COMMUNICATION, INCLUDING ALL ATTACHMENTS. PLEASE NOTIFY US
IMMEDIATELY BY RETURN E-MAIL OR CALL 585-987-2800.
From: Daniel R. Rose
Sent: Monday, January 10, 2022 10:41 AM
To: Ryan, Andrew J.
Cc: Laurie Alesci
Subject: CC&F v. Bowe - Defendant's Discovery Responses
Andy:
As set forth in my letter of last week, we are still awaiting defendant’s responses to various discovery requests,
interrogatories and notice to produce. We have also now asked five times for defendant’s availability for depositions
and gotten no response. Please advise of some times this week that you would be available for a phone call to discuss
these discovery matters.
Thank you,
Dan
2
FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 02/24/2022
COSTELLO
( (X WI.Y & ..\ WO,\,
]*|.l.(
Enewme imma
Daniel R. Rose
211 West Jefferson Street
Syracuse, NY L3202
Telephone: 422-1152
(315)
Fax: (315) 422-1139
3
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. 40 RECEIVED NYSCEF: 02/24/2022 EXHIBIT “P” FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 02/24/2022 From: Daniel R. Rose Sent: Wednesday, January 12, 2022 8:59 AM To: Ryan, Andrew J. Cc: Laurie Alesci Subject: RE: CC&F v. Bowe - Defendant's Discovery Responses Mr. Ryan: Your response is somewhat inaccurate. Last week, you received the privilege log to accompany the document productions which were served in mid-December. We previously timely provided our objections and responses to all served requests. By contrast, Defendant continues to refuse to respond to various discovery devices served in September–November 2021, and your response does not provide any answer to the inquiry when we can reasonably expect those responses and Defendant’s document production. Assuming Defendant provides those responses within the next two (2) weeks, we will work to find dates in the latter half of February. We object to any depositions being conducted virtually on account of “the state of the pandemic.” Everyone in our office is fully vaccinated, and we have large conference rooms where we can appropriately socially distance. We anticipate deposing Defendant for a full day. How long do you plan to spend with Mr. Smith and Mr. Langey? Once Defendant has committed to fully responding to the outstanding discovery in the near future, I will follow up with available dates for Mr. Smith and Mr. Langey. From: Ryan, Andrew J. Sent: Tuesday, January 11, 2022 8:54 AM To: Daniel R. Rose Cc: Laurie Alesci Subject: RE: CC&F v. Bowe - Defendant's Discovery Responses Mr. Rose, We have not given you a date for my client's deposition yet, but we only last week received your full responses to our discovery demands, which amount to over 9,000 pages of documents that we need to process. We will not be conducing depositions until we have had a chance to review the information provided. We are also awaiting a response to the subpoena that we served on Bowers & Co. 1 FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 02/24/2022 How long do you expect to take deposing Ms. Bowe? As you know, we also served you with deposition notices, and we need to set dates for our depositions as well. I would like to schedule the depositions all on the same date, or on consecutive dates. Also, given the state of the pandemic, we may need to consider conducting depositions virtually. I am currently looking at the last two weeks of February. Let me know what dates you and your witnesses are available and we can coordinate dates. Andrew J. Ryan, Esq. Partner Direct Dial: 585-987-2809 Direct Fax: 585-445-2309 Mobile: 585-402-5053 aryan@woodsoviatt.com Firm Phone: 585-987-2800 Firm Fax: 585-454-3968 woodsoviatt.com Visit our Covid-19 Resource Page 1900 Bausch & Lomb Place, Rochester, New York 14604 A Member of MERITAS Firms Worldwide. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE, AND IS INTENDED ONLY FOR REVIEW AND USE BY THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING OF THIS COMMUNICATION OR ANY PART THEREOF IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE DESTROY THIS COMMUNICATION, INCLUDING ALL ATTACHMENTS. PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR CALL 585-987-2800. From: Daniel R. Rose Sent: Monday, January 10, 2022 10:41 AM To: Ryan, Andrew J. Cc: Laurie Alesci Subject: CC&F v. Bowe - Defendant's Discovery Responses Andy: As set forth in my letter of last week, we are still awaiting defendant’s responses to various discovery requests, interrogatories and notice to produce. We have also now asked five times for defendant’s availability for depositions and gotten no response. Please advise of some times this week that you would be available for a phone call to discuss these discovery matters. Thank you, Dan 2 FILED: ONONDAGA COUNTY CLERK 02/24/2022 06:07 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 02/24/2022 COSTELLO ( (X WI.Y & ..\ WO,\, ]*|.l.( Enewme imma Daniel R. Rose 211 West Jefferson Street Syracuse, NY L3202 Telephone: 422-1152 (315) Fax: (315) 422-1139 3