Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022
EXHIBIT C
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
Index No. 003917/2021
COSTELLO, COONEY & FEARON, PLLC,
Plaintiff, AMENDED RESPONSE
TO DEFENDANT'S
-VS- REQUEST FOR
INTERROGATORIES
MELINDA BURDICK BOWE,
Defendant.
The Plaintiff, Costello, Cooney & Fearon, PLLC ("CC&F"), as and for its Responses to
Defendant's Request for Interrogatories, states as follows:
CGSTELLU, COONEY & WEAPON, P1-4c
GENERAL OBJECTIONS
1. CC&F objects to the Defendant's Request for Interrogatories to the extent that the
requests and demands request information subject to and/or protected by the attorney-client
privilege and rules governing confidentiality, possessed by parties to this action and persons and
entities not parties to this action, the work-product exemption or other applicable privilege or
protection. If any privileged information is inadvertently produced, CC&F does not waive or
intend to waive any privilege or protection pertaining to such information or to any other
information, and expressly reserves the right to object to the introduction or other use of any such
information.
2. CC&F objects to Defendant's Request for Interrogatories to the extent the requests
and demands request information which is unreasonably cumulative, duplicative, or obtainable
from some other source which is more convenient, less burdensome or less expensive.
3. CC&F objects to Defendant's Request for Interrogatories to the extent the requests
and demands seek information already known to Defendant or otherwise available to Defendant
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from documents in her own files, possession, control, public records or documents, exhibits or
previously produced by CC&F.
4. CC&F objects to Defendant's Request for Interrogatories to the extent the requests
and demands are vague, burdensome, oppressive or prejudicial, unlimited as to time and do not
seek information or material necessary to the prosecution of actions, allegations, claims, defenses
or disputes asserted in the case or reasonably calculated to lead to the discovery of admissible
evidence.
5. CC&F objects to Defendant's Request for Interrogatories to the extent the requests
and demands call for information, items or materials which are irrelevant, immaterial, incompetent
or not reasonably calculated to lead to the discovery of admissible evidence. CC&F's responses
z
ul are not to be deemed a waiver of its rights to object to the Request for Interrogatories or parts
ul
thereof, nor as consent to responding other than as set forth in this Response. Further, by
responding, CC&F does not concede that any of the information, items or materials sought is
tr relevant or material to any cause or alleged cause of action, the claims asserted, or subject in
question, is admissible, in evidence or is reasonably calculated to lead to the discovery of
admissible evidence. CC&F specifically reserves all objections or other questions and issues as to
the competency, relevance, materiality, privilege or admissibility in any subsequent proceeding in,
or at trial of this or any other action for any purpose whatsoever of any information, items or
materials provided in these responses.
6. CC&F objects to Defendant's Request for Interrogatories to the extent the demands
call for information, items or materials not presently within the possession, custody or control of
CC&F. CC&F's Responses to Defendant's Request for Interrogatories are based on CC&F's
possession, custody or control of documents, information, items or materials. Discovery is not yet
completed and each response isat all times subject to such additional or different information
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which discovery or further investigation may disclose. These Responses are subject to
modification and supplementation as appropriate in view of such additional or different
information as discovery or further investigation may reveal. CC&F specifically reserves the right
to make use of or produce at any motion, hearing or trial, information or documents responsive to
the Request for Interrogatories, but discovered or developed subsequent to the date of these
Responses.
7. CC&F objects to Defendant's Request for Interrogatories to the extent the demands
exceed the scope of permissible discovery permitted under the Civil Practice Law and Rules.
8. CC&F objects to Defendant's Request for Interrogatories to the extent the demands
seek responses or information relating to conduct and/or events which occurred or may have
occurred after the commencement of this Lawsuit.
9. Each of the foregoing objections are incorporated into each of the following
specific responses and all objections are stated without waiver of any of the foregoing general
objections.
DEFINITIONS AND INSTRUCTIONS
1. CC&F objects to Defendant's definitions and instructions to the extent they are
overbroad, vague, ambiguous and overly burdensome. CC&F further objects to the definitions
and instructions imposed in Defendant's Request for Interrogatories to the extent they seek to
impose requirements beyond those specified under the Civil Practice Law & Rules.
2. CC&F objects to Defendant's definitions and instructions to the extent they exceed
the scope of discovery permitted under the Civil Practice Law and Rules and/or the local rules.
-3-
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RESPONSE TO INTERROGATORIES
INTERROGATORY NO. 1:
State the amount and date of each payment made by Plaintiff to Defendant pursuant to the
Of Counsel Agreement.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and
assumes facts. Furthermore, CC&F objects to this request as seeking information, material and
documents already in Defendant's possession or previously provided to Defendant. Subject to and
CONTELLO, MONEY & FEARON, PI-LE
without waiving those objections, Defendant received her bi-monthly advanced draw of $1,875.00
on December 1, 2020; December 15, 2020; January 1, 2021; January 15, 2021; February 1, 2021;
February 15, 2021; March 1, 2021; March 15, 2021; and April 1, 2021. Defendant terminated the
Of Counsel Agreement on April 18, 2021.
INTERROGATORY NO. 2:
State the amount and date of each payment made by Plaintiff to Defendant in the fiscal
years 2020 and 2021 pursuant to Defendant's status as a member of the Plaintiff.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and
assumes facts. Furthermore, CC&F objects to this request as seeking information, material and
documents already in Defendant's possession or previously provided to Defendant. Subject to and
without waiving those objections, documents providing this information are produced
simultaneously herewith at CCF 0009112-18.
-4-
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INTERROGATORY NO. 3:
Identify the individuals who were involved in making the decision to make distributions to
Plaintiff's members for fiscal years 2020 and 2021.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined tetras, assumes
facts not in evidence, and presumes disputed legal and factual conclusions. Furthermore, CC&F
objects to this request as seeking information and material already in Defendant's possession or
previously provided to Defendant. Subject to and without waiving those objections, CC&F's
Executive Committee has complete authority and discretion to make distributions of profits. As
Defendant is aware, at all times relevant to this litigation, Robert J.Smith, Paul G. Ferrara and
John R. Langey were the members of the CC&F Executive Committee.
INTERROGATORY NO. 4:
Identify all members of Plaintiff with negative capital accounts at the end of fiscal year
2020 and at the beginning of fiscal year 2021.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms, and
assumes facts not in evidence. Furthermore, CC&F objects to this request as seeking information,
materials and production of documents already in Defendant's possession or previously provided
to Defendant. Subject to and without waiving those objections, documents providing this
information have been previously produced in CC&F's document production with respect to 2020.
Upon calculation of capital account balances at the end of 2021, the following members had
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negative balances: Maureen Fatcheric, Daniel Fletcher, Robert Connolly, Anthony Hanley, Donald
DiBenedetto, Nadine Bell, Wendy Lougnot, Elizabeth Hoffman, and Christopher Militello. Each
of these members either repaid their negative balance or have agreed to satisfy their obligation to
CC&F through reduced distributions in 2022.
INTERROGATORY NO. 5:
Identify all clients for whom Defendant performed work through Plaintiff pursuant to the
Of Counsel Agreement.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
C 4JSIE LLD, COONEY A: VEARON, PLLE
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and
assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information
and materials which are wholly irrelevant to the causes of action, claims, counterclaims and
defenses in this matter, and not reasonably calculated to lead to the discovery of admissible
evidence. Furthermore, CC&F objects to this request as seeking information and materials already
in Defendant's possession or previously provided to Defendant. Subject to and without waiving
those objections, documents providing this information have been previously produced in CC&F's
document production.
INTERROGATORY NO. 6:
Identify all clients originated by Defendant from whom Plaintiff received fees for work
performed by Plaintiff (other than Defendant) on or after the execution of the Of Counsel
Agreement.
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RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined Willis and
assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information
and materials which are wholly irrelevant to the causes of action, claims, counterclaims and
defenses in this matter, and not reasonably calculated to lead to the discovery of admissible
evidence. Furthermore, CC&F objects to this request as seeking information and materials already
in Defendant's possession or previously provided to Defendant. Subject to and without waiving
those objections, documents providing this information have been previously produced in CC&F's
COS [ELUL COONEY & FEARON,PILC
document production.
INTERROGATORY NO. 7:
Provide a list of all payments received by Plaintiff for work performed by Defendant on or
after the execution of the Of Counsel Agreement through the present, along with the date each
payment was received.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and
assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information
and materials which are wholly irrelevant to the causes of action, claims, counterclaims and
defenses in this matter, and not reasonably calculated to lead to the discovery of admissible
evidence. Furthermore, CC&F objects to this request as seeking information and materials already
in Defendant's possession or previously provided to Defendant. Subject to and without waiving
-7-
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those objections, documents providing this information have been previously produced in CC&F's
document production.
INTERROGATORY NO. 8:
Provide a list of all payments received by Plaintiff from clients originated by Defendant
for work performed by others within the Plaintiff (other than Defendant) on or after the execution
of the Of Counsel Agreement, and the date that each payment was received.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined tetins and
assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information
COSI ELIO. COONEY & FEARON,
and materials which are wholly irrelevant to the causes of action, claims, counterclaims and
defenses in this matter, and not reasonably calculated to lead to the discovery of admissible
evidence. Furthermore, CC&F objects to this request as seeking infoi illation and materials already
in Defendant's possession or previously provided to Defendant. Subject to and without waiving
those objections, documents providing this information have been previously produced in CC&F's
document production.
INTERROGATORY NO. 9:
State the amount of profit distributions made to each of Plaintiffs members for the fiscal
year 2020 and the dates the payments were made.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and
assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information
-8-
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NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022
and materials which are wholly irrelevant to the causes of action, claims, counterclaims and
defenses in this matter, and not reasonably calculated to lead to the discovery of admissible
evidence. Furthermore, CC&F objects to this request as seeking information and materials already
in Defendant's possession or previously provided to Defendant. Subject to and without waiving
those objections, reports providing this infortiiation have been previously produced in CC&F's
document production.
INTERROGATORY NO. 10:
State the amount of profit distributions made to each of Plaintiff's members for the fiscal
year 2021 and the dates the payments were made.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and
assumes facts not in evidence, and seeks confidential and proprietary information. Additionally,
CC&F objects to this request as seeking information and materials which are wholly irrelevant to
the causes of action, claims, counterclaims and defenses in this matter, and not reasonably
calculated to lead to the discovery of admissible evidence. Subject to and without waiving those
objections, documentation responsive to this Interrogatory is produced simultaneously herewith at
CCF 0009119-22.
INTERROGATORY NO. 11:
State the date or dates that Plaintiff received year-end capital account calculations for fiscal
year 2020 from its accountant along with the capital account calculations for each member.
-9-
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RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and
assumes facts not in evidence. Furthermore, CC&F objects to this request as seeking production
of documents and things already in Defendant's possession or previously provided to Defendant.
Subject to and without waiving those objections, responsive information to this Interrogatory has
previously been provided in CC&F's document production. CC&F received preliminary capital
account calculations for 2020 from its accountant on March 15, 2021, and final capital account
calculations on March 17, 2021.
INTERROGATORY NO. 12:
Describe the fiduciary duty that is allegedly owed to the Plaintiff by Defendant, including
any citations to relevant law upon which the Plaintiff relies, for the proposition that Defendant
owes a fiduciary duty to Plaintiff as a former member of Plaintiff
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms, assumes
facts not in evidence, presumes disputed legal and factual conclusions, seeks materials prepared in
anticipation of litigation, seeks attorney work product and/or legal opinions or conclusion. This
Interrogatory is palpably improper.
INTERROGATORY NO. 13:
Identify and provide copies of any meeting notices, agendas, minutes, or any other
documents reviewed or discussed during an Executive Committee or general membership
meetings held in 2020 or 2021 relating to:
-10-
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a. The calculation of distributions and/or profits for the fiscal years 2020 and/or 2021;
b. The decision to reclassify any distributions from fiscal year 2020 as advances on
fiscal year 2021 profit distributions; and
c. The status of Defendant as a member or former member with respect to (a) and (b)
above.
RESPONSE:
Besides the General Objections, CC&F objects to this request on the grounds it is
ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms, assumes
facts not in evidence, presumes disputed legal and factual conclusions, seeks materials prepared in
COs'iLLD. COONEY & FEARON. PL1(
anticipation of litigation and seeks attorney work product. Furthermore, CC&F objects to this
request as seeking production of documents and things already in Defendant's possession or
previously provided to Defendant. Subject to and without waiving those objections, all agendas
for meetings of CC&F's members and documents provided to the members in 2020 are produced
herewith at CCF 0009078-9102. A further responsive document is produced herewith at
CCF _0009103.
PLEASE TAKE NOTICE THAT PLAINTIFF SPECIFICALLY RESERVES THE
RIGHT TO AMEND AND/OR SUPPLEMENT ANY OF THESE RESPONSES AT ANY
REASONABLE TIME PRIOR TO THE TRIAL OF THIS ACTION.
DATED: April 21, 2022
COSTELLO, COONEY & FEARON, PLLC
N %
DANIEL R. ROSE
Attorneysfor Plaintiff
Office and Post Office Address
211 West Jefferson Street, Suite 1
Syracuse, New York 13202
Telephone: (315) 422-1152
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NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022
TO: Andrew J. Ryan, Esq.
WOODS OVIATT GILMAN LLP
Attorneysfor Defendant
Office and Post Office Address
1900 Bausch & Lomb Place
Rochester, New York 14604
COSTELLO, COONEY & FEARON, PLLC
• 1 2.-
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NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022
STATE OF NEW YORK
COUNTY OF ONONDAGA ) ss.:
PAUL G. FERRARA, being duly sworn, deposes and says that deponent is Chief
Operating Officer of Costello, Cooney & Fearon, PLLC, that deponent has read the foregoing
Amended Response to Defendant's Request for Interrogatories and knows the contents thereof;
that the same is true to the knowledge of the deponent, except as to matters therein stated to be
alleged upon information and belief, and that as to those matters, deponent believes them to be
true. This verification is made by deponent because Costello, Cooney & Fearon, PLLC is a
professional limited liability company. Deponent is Chief Operating Officer of said company.
The grounds of deponent's belief as to all matters not stated upon deponent's own knowledge are
as follows: Investigations which deponent has caused to be made concerning the subject matter
of this Complaint and information acquired by deponent in the course of deponent's duties as
Chief Operating Officer of said company and from the books and papers of said corporation.
PAUL, . FERRARA
Subscribed and sworn to before me
this ar.-4 day of April, 2022.
)auALL, ate,ac-c,
Notary Public
LAURIE J. Al_ESCI
New York
Notary Pubiic in the State of01AL4813119
Qualified in Oswego Co. No.
October 6, 20,2
My Cornmission Expires
Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 EXHIBIT C FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA Index No. 003917/2021 COSTELLO, COONEY & FEARON, PLLC, Plaintiff, AMENDED RESPONSE TO DEFENDANT'S -VS- REQUEST FOR INTERROGATORIES MELINDA BURDICK BOWE, Defendant. The Plaintiff, Costello, Cooney & Fearon, PLLC ("CC&F"), as and for its Responses to Defendant's Request for Interrogatories, states as follows: CGSTELLU, COONEY & WEAPON, P1-4c GENERAL OBJECTIONS 1. CC&F objects to the Defendant's Request for Interrogatories to the extent that the requests and demands request information subject to and/or protected by the attorney-client privilege and rules governing confidentiality, possessed by parties to this action and persons and entities not parties to this action, the work-product exemption or other applicable privilege or protection. If any privileged information is inadvertently produced, CC&F does not waive or intend to waive any privilege or protection pertaining to such information or to any other information, and expressly reserves the right to object to the introduction or other use of any such information. 2. CC&F objects to Defendant's Request for Interrogatories to the extent the requests and demands request information which is unreasonably cumulative, duplicative, or obtainable from some other source which is more convenient, less burdensome or less expensive. 3. CC&F objects to Defendant's Request for Interrogatories to the extent the requests and demands seek information already known to Defendant or otherwise available to Defendant FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 from documents in her own files, possession, control, public records or documents, exhibits or previously produced by CC&F. 4. CC&F objects to Defendant's Request for Interrogatories to the extent the requests and demands are vague, burdensome, oppressive or prejudicial, unlimited as to time and do not seek information or material necessary to the prosecution of actions, allegations, claims, defenses or disputes asserted in the case or reasonably calculated to lead to the discovery of admissible evidence. 5. CC&F objects to Defendant's Request for Interrogatories to the extent the requests and demands call for information, items or materials which are irrelevant, immaterial, incompetent or not reasonably calculated to lead to the discovery of admissible evidence. CC&F's responses z ul are not to be deemed a waiver of its rights to object to the Request for Interrogatories or parts ul thereof, nor as consent to responding other than as set forth in this Response. Further, by responding, CC&F does not concede that any of the information, items or materials sought is tr relevant or material to any cause or alleged cause of action, the claims asserted, or subject in question, is admissible, in evidence or is reasonably calculated to lead to the discovery of admissible evidence. CC&F specifically reserves all objections or other questions and issues as to the competency, relevance, materiality, privilege or admissibility in any subsequent proceeding in, or at trial of this or any other action for any purpose whatsoever of any information, items or materials provided in these responses. 6. CC&F objects to Defendant's Request for Interrogatories to the extent the demands call for information, items or materials not presently within the possession, custody or control of CC&F. CC&F's Responses to Defendant's Request for Interrogatories are based on CC&F's possession, custody or control of documents, information, items or materials. Discovery is not yet completed and each response isat all times subject to such additional or different information FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 which discovery or further investigation may disclose. These Responses are subject to modification and supplementation as appropriate in view of such additional or different information as discovery or further investigation may reveal. CC&F specifically reserves the right to make use of or produce at any motion, hearing or trial, information or documents responsive to the Request for Interrogatories, but discovered or developed subsequent to the date of these Responses. 7. CC&F objects to Defendant's Request for Interrogatories to the extent the demands exceed the scope of permissible discovery permitted under the Civil Practice Law and Rules. 8. CC&F objects to Defendant's Request for Interrogatories to the extent the demands seek responses or information relating to conduct and/or events which occurred or may have occurred after the commencement of this Lawsuit. 9. Each of the foregoing objections are incorporated into each of the following specific responses and all objections are stated without waiver of any of the foregoing general objections. DEFINITIONS AND INSTRUCTIONS 1. CC&F objects to Defendant's definitions and instructions to the extent they are overbroad, vague, ambiguous and overly burdensome. CC&F further objects to the definitions and instructions imposed in Defendant's Request for Interrogatories to the extent they seek to impose requirements beyond those specified under the Civil Practice Law & Rules. 2. CC&F objects to Defendant's definitions and instructions to the extent they exceed the scope of discovery permitted under the Civil Practice Law and Rules and/or the local rules. -3- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 RESPONSE TO INTERROGATORIES INTERROGATORY NO. 1: State the amount and date of each payment made by Plaintiff to Defendant pursuant to the Of Counsel Agreement. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and assumes facts. Furthermore, CC&F objects to this request as seeking information, material and documents already in Defendant's possession or previously provided to Defendant. Subject to and CONTELLO, MONEY & FEARON, PI-LE without waiving those objections, Defendant received her bi-monthly advanced draw of $1,875.00 on December 1, 2020; December 15, 2020; January 1, 2021; January 15, 2021; February 1, 2021; February 15, 2021; March 1, 2021; March 15, 2021; and April 1, 2021. Defendant terminated the Of Counsel Agreement on April 18, 2021. INTERROGATORY NO. 2: State the amount and date of each payment made by Plaintiff to Defendant in the fiscal years 2020 and 2021 pursuant to Defendant's status as a member of the Plaintiff. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and assumes facts. Furthermore, CC&F objects to this request as seeking information, material and documents already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, documents providing this information are produced simultaneously herewith at CCF 0009112-18. -4- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 INTERROGATORY NO. 3: Identify the individuals who were involved in making the decision to make distributions to Plaintiff's members for fiscal years 2020 and 2021. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined tetras, assumes facts not in evidence, and presumes disputed legal and factual conclusions. Furthermore, CC&F objects to this request as seeking information and material already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, CC&F's Executive Committee has complete authority and discretion to make distributions of profits. As Defendant is aware, at all times relevant to this litigation, Robert J.Smith, Paul G. Ferrara and John R. Langey were the members of the CC&F Executive Committee. INTERROGATORY NO. 4: Identify all members of Plaintiff with negative capital accounts at the end of fiscal year 2020 and at the beginning of fiscal year 2021. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms, and assumes facts not in evidence. Furthermore, CC&F objects to this request as seeking information, materials and production of documents already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, documents providing this information have been previously produced in CC&F's document production with respect to 2020. Upon calculation of capital account balances at the end of 2021, the following members had -5- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 negative balances: Maureen Fatcheric, Daniel Fletcher, Robert Connolly, Anthony Hanley, Donald DiBenedetto, Nadine Bell, Wendy Lougnot, Elizabeth Hoffman, and Christopher Militello. Each of these members either repaid their negative balance or have agreed to satisfy their obligation to CC&F through reduced distributions in 2022. INTERROGATORY NO. 5: Identify all clients for whom Defendant performed work through Plaintiff pursuant to the Of Counsel Agreement. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is C 4JSIE LLD, COONEY A: VEARON, PLLE ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information and materials which are wholly irrelevant to the causes of action, claims, counterclaims and defenses in this matter, and not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, CC&F objects to this request as seeking information and materials already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, documents providing this information have been previously produced in CC&F's document production. INTERROGATORY NO. 6: Identify all clients originated by Defendant from whom Plaintiff received fees for work performed by Plaintiff (other than Defendant) on or after the execution of the Of Counsel Agreement. -6- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined Willis and assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information and materials which are wholly irrelevant to the causes of action, claims, counterclaims and defenses in this matter, and not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, CC&F objects to this request as seeking information and materials already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, documents providing this information have been previously produced in CC&F's COS [ELUL COONEY & FEARON,PILC document production. INTERROGATORY NO. 7: Provide a list of all payments received by Plaintiff for work performed by Defendant on or after the execution of the Of Counsel Agreement through the present, along with the date each payment was received. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information and materials which are wholly irrelevant to the causes of action, claims, counterclaims and defenses in this matter, and not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, CC&F objects to this request as seeking information and materials already in Defendant's possession or previously provided to Defendant. Subject to and without waiving -7- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 those objections, documents providing this information have been previously produced in CC&F's document production. INTERROGATORY NO. 8: Provide a list of all payments received by Plaintiff from clients originated by Defendant for work performed by others within the Plaintiff (other than Defendant) on or after the execution of the Of Counsel Agreement, and the date that each payment was received. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined tetins and assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information COSI ELIO. COONEY & FEARON, and materials which are wholly irrelevant to the causes of action, claims, counterclaims and defenses in this matter, and not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, CC&F objects to this request as seeking infoi illation and materials already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, documents providing this information have been previously produced in CC&F's document production. INTERROGATORY NO. 9: State the amount of profit distributions made to each of Plaintiffs members for the fiscal year 2020 and the dates the payments were made. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and assumes facts not in evidence. Additionally, CC&F objects to this request as seeking information -8- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 and materials which are wholly irrelevant to the causes of action, claims, counterclaims and defenses in this matter, and not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, CC&F objects to this request as seeking information and materials already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, reports providing this infortiiation have been previously produced in CC&F's document production. INTERROGATORY NO. 10: State the amount of profit distributions made to each of Plaintiff's members for the fiscal year 2021 and the dates the payments were made. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and assumes facts not in evidence, and seeks confidential and proprietary information. Additionally, CC&F objects to this request as seeking information and materials which are wholly irrelevant to the causes of action, claims, counterclaims and defenses in this matter, and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving those objections, documentation responsive to this Interrogatory is produced simultaneously herewith at CCF 0009119-22. INTERROGATORY NO. 11: State the date or dates that Plaintiff received year-end capital account calculations for fiscal year 2020 from its accountant along with the capital account calculations for each member. -9- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms and assumes facts not in evidence. Furthermore, CC&F objects to this request as seeking production of documents and things already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, responsive information to this Interrogatory has previously been provided in CC&F's document production. CC&F received preliminary capital account calculations for 2020 from its accountant on March 15, 2021, and final capital account calculations on March 17, 2021. INTERROGATORY NO. 12: Describe the fiduciary duty that is allegedly owed to the Plaintiff by Defendant, including any citations to relevant law upon which the Plaintiff relies, for the proposition that Defendant owes a fiduciary duty to Plaintiff as a former member of Plaintiff RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms, assumes facts not in evidence, presumes disputed legal and factual conclusions, seeks materials prepared in anticipation of litigation, seeks attorney work product and/or legal opinions or conclusion. This Interrogatory is palpably improper. INTERROGATORY NO. 13: Identify and provide copies of any meeting notices, agendas, minutes, or any other documents reviewed or discussed during an Executive Committee or general membership meetings held in 2020 or 2021 relating to: -10- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 a. The calculation of distributions and/or profits for the fiscal years 2020 and/or 2021; b. The decision to reclassify any distributions from fiscal year 2020 as advances on fiscal year 2021 profit distributions; and c. The status of Defendant as a member or former member with respect to (a) and (b) above. RESPONSE: Besides the General Objections, CC&F objects to this request on the grounds it is ambiguous, overly broad, unduly cumbersome, burdensome, employs undefined terms, assumes facts not in evidence, presumes disputed legal and factual conclusions, seeks materials prepared in COs'iLLD. COONEY & FEARON. PL1( anticipation of litigation and seeks attorney work product. Furthermore, CC&F objects to this request as seeking production of documents and things already in Defendant's possession or previously provided to Defendant. Subject to and without waiving those objections, all agendas for meetings of CC&F's members and documents provided to the members in 2020 are produced herewith at CCF 0009078-9102. A further responsive document is produced herewith at CCF _0009103. PLEASE TAKE NOTICE THAT PLAINTIFF SPECIFICALLY RESERVES THE RIGHT TO AMEND AND/OR SUPPLEMENT ANY OF THESE RESPONSES AT ANY REASONABLE TIME PRIOR TO THE TRIAL OF THIS ACTION. DATED: April 21, 2022 COSTELLO, COONEY & FEARON, PLLC N % DANIEL R. ROSE Attorneysfor Plaintiff Office and Post Office Address 211 West Jefferson Street, Suite 1 Syracuse, New York 13202 Telephone: (315) 422-1152 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 TO: Andrew J. Ryan, Esq. WOODS OVIATT GILMAN LLP Attorneysfor Defendant Office and Post Office Address 1900 Bausch & Lomb Place Rochester, New York 14604 COSTELLO, COONEY & FEARON, PLLC • 1 2.- FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/11/2022 STATE OF NEW YORK COUNTY OF ONONDAGA ) ss.: PAUL G. FERRARA, being duly sworn, deposes and says that deponent is Chief Operating Officer of Costello, Cooney & Fearon, PLLC, that deponent has read the foregoing Amended Response to Defendant's Request for Interrogatories and knows the contents thereof; that the same is true to the knowledge of the deponent, except as to matters therein stated to be alleged upon information and belief, and that as to those matters, deponent believes them to be true. This verification is made by deponent because Costello, Cooney & Fearon, PLLC is a professional limited liability company. Deponent is Chief Operating Officer of said company. The grounds of deponent's belief as to all matters not stated upon deponent's own knowledge are as follows: Investigations which deponent has caused to be made concerning the subject matter of this Complaint and information acquired by deponent in the course of deponent's duties as Chief Operating Officer of said company and from the books and papers of said corporation. PAUL, . FERRARA Subscribed and sworn to before me this ar.-4 day of April, 2022. )auALL, ate,ac-c, Notary Public LAURIE J. Al_ESCI New York Notary Pubiic in the State of01AL4813119 Qualified in Oswego Co. No. October 6, 20,2 My Cornmission Expires