Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022
EXHIBIT D
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022
Ryan, Andrew J.
From: Daniel R. Rose
Sent: Tuesday, May 10, 2022 2:24 PM
To: Ryan, Andrew J.
Cc: Laurie Alesci
Subject: RE: CC&F v. Bowe - Discovery Objections and Update
EXTERNAL EMAIL
Andrew, please allow the following to serve as our further supplemental responses:
INTERROGATORY NOS. 5-6: Documents setting forth the information sought in these Interrogatories were previously
produced at CCF_0006190-290 and CCF_0005785-89.
INTERROGATORY NOS. 7-8: Documents setting forth the information sought in these Interrogatories were previously
produced at CCF_0005810-79 and CCF_0006191-290.
INTERROGATORY NO. 9: Documents setting forth the information sought in this Interrogatory were previously produced
at CCF0002291-92.
We trust this identification of specific Bates ranges is satisfactory to defendant to garner the information she sought.
Dan
From: Ryan, Andrew J.
Sent: Monday, May 9, 2022 5:44 PM
To: Daniel R. Rose
Cc: Chris Clemons
Subject: RE: CC&F v. Bowe - Discovery Objections and Update
Thank you.
Andrew J. Ryan, Esq.
Partner WOODS
OVIATT
Gri_MAN
ATTORNEYS
The 4in of reprinehung people•
A Member of MERITAS Firms Worldwide
THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE,
1
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022
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, May 09, 2022 4:37 PM
To: Ryan, Andrew J.
Cc: Chris Clemons
Subject: RE: CC&F v. Bowe - Discovery Objections and Update
EXTERNAL EMAIL
Andrew:
I have been pulled in a dozen different directions today, but did take a look at these inquiries. Upon review, I believe I
can get you an answer before the end of the day tomorrow, hopefully sooner.
Dan
From: Ryan, Andrew J.
Sent: Monday, May 9, 2022 1:44 PM
To: Daniel R. Rose
Subject: RE: CC&F v. Bowe - Discovery Objections and Update
Daniel,
My motion papers are due on Wednesday. Do you anticipate being able to provide updated responses to my
interrogatories before then? If not, I will request that in a cross-motion.
Andy
Andrew J. Ryan, Esq.
Partner WOODS
OVIATT
GILMAN
ATTORNEYS
The 4mr of representing peupre
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
2
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022
From: Daniel R. Rose
Sent: Wednesday, May 04, 2022 2:12 PM
To: Ryan, Andrew J.
Cc: Laurie Alesci
Subject: RE: CC&F v. Bowe - Discovery Objections and Update
EXTERNAL EMAIL
Andy,
Thank you for the verification and address.
We have provided you with more than adequate explanation of why Defendant's tax returns are absolutely relevant and
reasonably calculated to lead to the discovery of admissible evidence. We will advise the Court that we need an Order
compelling the production of those.
As to the supplemental document production, as we prepared the amended responses, we realized any documents
responsive had already been produced, and we had nothing further to produce. I will take a look at our prior production
and provide further detail.
We look forward to Defendant's supplemental production.
Dan
From: Ryan, Andrew J.
Sent: Tuesday, May 3, 2022 3:14 PM
To: Daniel R. Rose
Cc: Laurie Alesci
Subject: RE: CC&F v. Bowe - Discovery Objections and Update
Dan,
Attached is a verification of the Interrogatory responses.
You still have not provided me with any compelling reason why CCF needs to see Melinda's tax returns. I
continue to oppose that request, but if you have anything further you wish to share with me on that issue, I will consider
it. Otherwise, we will have to agree to disagree on that issue.
CCF has Melinda's current residential address. This issue is petty and frivolous considering the fact that your
firm has been sending correspondence to her at her address. However, in order to put this issue behind us, please be
advised that Melinda Bowe's residence is: 4 Oak Mountain Drive, Leicester NC 28748.
I received your amended Interrogatory responses. In your original responses to numbers 5, 6, 7, 8 and 9, you
stated that additional responses would be provided under separate cover. In your amended responses, you state that
the requested information has been previously produced in CCF's document production. Please provide me with the
bates numbers of the documents that you believe are responsive to those interrogatories.
I anticipate that we will provide you with a few additional documents relative to item #3 on your list below.
3
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022
Andrew J. Ryan, Esq.
Partner WOODS
OVIATT
GILMAN
ATTORNEYS
The arI of representing people-
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: Thursday, April 14, 2022 4:09 PM
To: Ryan, Andrew J.
Cc: Laurie Alesci
Subject: CC&F v. Bowe - Discovery Objections and Update
EXTERNAL EMAIL
Andy:
To follow on our telephone conversation last week, upon review of defendant's discovery responses, we have the
following objections:
1. Defendant has not responded to each interrogatory under oath, as required by CPLR 3133.
2. Defendant's refusal to produce at least her 2020 and 2021 tax returns is without basis. Her treatment of the
disputed income isabsolutely relevant to her contentions inthis litigation. Counsel's verbal representation that
she filed her taxes consistent with her K-1s is insufficient.
3. Defendant's objections to producing her non-privileged communications with CC&F's clients as being overly
broad is without merit. This is a narrow category of documents and communications.
4. Defendant also has no basis to continue to refuse to disclose her address. The plain language of CPLR 3118
requires disclosure of her address. As we discussed, the address that Defendant provided to CC&F when she
withdrew as a partner and moved to North Carolina turned out to be a VRBO rental, and the tenants at the time
this litigation was commenced had no idea who Defendant was. That address is clearly not correct.
With respect to Defendant's interrogatories and second notice to produce propounded upon CC&F, we are working to
provide amended responses and a further production in response to those requests. We anticipate we will be able to
serve responses by the end of next week, if not before.
Please let me know Defendant's position on the above objections. We look forward to reviewing Defendant's
supplemental responses and further production.
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022
Dan
COSTELLO
COONEY & FEARON, PI 1,C
Kxporivrire [11.114NALtOlk
Daniel R. Rose
211 West Jefferson Street
Syracuse, NY 13202
Telephone: (315) 422.1152
Fax: (315) 422-1139
Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022 EXHIBIT D FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022 Ryan, Andrew J. From: Daniel R. Rose Sent: Tuesday, May 10, 2022 2:24 PM To: Ryan, Andrew J. Cc: Laurie Alesci Subject: RE: CC&F v. Bowe - Discovery Objections and Update EXTERNAL EMAIL Andrew, please allow the following to serve as our further supplemental responses: INTERROGATORY NOS. 5-6: Documents setting forth the information sought in these Interrogatories were previously produced at CCF_0006190-290 and CCF_0005785-89. INTERROGATORY NOS. 7-8: Documents setting forth the information sought in these Interrogatories were previously produced at CCF_0005810-79 and CCF_0006191-290. INTERROGATORY NO. 9: Documents setting forth the information sought in this Interrogatory were previously produced at CCF0002291-92. We trust this identification of specific Bates ranges is satisfactory to defendant to garner the information she sought. Dan From: Ryan, Andrew J. Sent: Monday, May 9, 2022 5:44 PM To: Daniel R. Rose Cc: Chris Clemons Subject: RE: CC&F v. Bowe - Discovery Objections and Update Thank you. Andrew J. Ryan, Esq. Partner WOODS OVIATT Gri_MAN ATTORNEYS The 4in of reprinehung people• A Member of MERITAS Firms Worldwide THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE, 1 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022 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, May 09, 2022 4:37 PM To: Ryan, Andrew J. Cc: Chris Clemons Subject: RE: CC&F v. Bowe - Discovery Objections and Update EXTERNAL EMAIL Andrew: I have been pulled in a dozen different directions today, but did take a look at these inquiries. Upon review, I believe I can get you an answer before the end of the day tomorrow, hopefully sooner. Dan From: Ryan, Andrew J. Sent: Monday, May 9, 2022 1:44 PM To: Daniel R. Rose Subject: RE: CC&F v. Bowe - Discovery Objections and Update Daniel, My motion papers are due on Wednesday. Do you anticipate being able to provide updated responses to my interrogatories before then? If not, I will request that in a cross-motion. Andy Andrew J. Ryan, Esq. Partner WOODS OVIATT GILMAN ATTORNEYS The 4mr of representing peupre 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 2 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022 From: Daniel R. Rose Sent: Wednesday, May 04, 2022 2:12 PM To: Ryan, Andrew J. Cc: Laurie Alesci Subject: RE: CC&F v. Bowe - Discovery Objections and Update EXTERNAL EMAIL Andy, Thank you for the verification and address. We have provided you with more than adequate explanation of why Defendant's tax returns are absolutely relevant and reasonably calculated to lead to the discovery of admissible evidence. We will advise the Court that we need an Order compelling the production of those. As to the supplemental document production, as we prepared the amended responses, we realized any documents responsive had already been produced, and we had nothing further to produce. I will take a look at our prior production and provide further detail. We look forward to Defendant's supplemental production. Dan From: Ryan, Andrew J. Sent: Tuesday, May 3, 2022 3:14 PM To: Daniel R. Rose Cc: Laurie Alesci Subject: RE: CC&F v. Bowe - Discovery Objections and Update Dan, Attached is a verification of the Interrogatory responses. You still have not provided me with any compelling reason why CCF needs to see Melinda's tax returns. I continue to oppose that request, but if you have anything further you wish to share with me on that issue, I will consider it. Otherwise, we will have to agree to disagree on that issue. CCF has Melinda's current residential address. This issue is petty and frivolous considering the fact that your firm has been sending correspondence to her at her address. However, in order to put this issue behind us, please be advised that Melinda Bowe's residence is: 4 Oak Mountain Drive, Leicester NC 28748. I received your amended Interrogatory responses. In your original responses to numbers 5, 6, 7, 8 and 9, you stated that additional responses would be provided under separate cover. In your amended responses, you state that the requested information has been previously produced in CCF's document production. Please provide me with the bates numbers of the documents that you believe are responsive to those interrogatories. I anticipate that we will provide you with a few additional documents relative to item #3 on your list below. 3 FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022 Andrew J. Ryan, Esq. Partner WOODS OVIATT GILMAN ATTORNEYS The arI of representing people- 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: Thursday, April 14, 2022 4:09 PM To: Ryan, Andrew J. Cc: Laurie Alesci Subject: CC&F v. Bowe - Discovery Objections and Update EXTERNAL EMAIL Andy: To follow on our telephone conversation last week, upon review of defendant's discovery responses, we have the following objections: 1. Defendant has not responded to each interrogatory under oath, as required by CPLR 3133. 2. Defendant's refusal to produce at least her 2020 and 2021 tax returns is without basis. Her treatment of the disputed income isabsolutely relevant to her contentions inthis litigation. Counsel's verbal representation that she filed her taxes consistent with her K-1s is insufficient. 3. Defendant's objections to producing her non-privileged communications with CC&F's clients as being overly broad is without merit. This is a narrow category of documents and communications. 4. Defendant also has no basis to continue to refuse to disclose her address. The plain language of CPLR 3118 requires disclosure of her address. As we discussed, the address that Defendant provided to CC&F when she withdrew as a partner and moved to North Carolina turned out to be a VRBO rental, and the tenants at the time this litigation was commenced had no idea who Defendant was. That address is clearly not correct. With respect to Defendant's interrogatories and second notice to produce propounded upon CC&F, we are working to provide amended responses and a further production in response to those requests. We anticipate we will be able to serve responses by the end of next week, if not before. Please let me know Defendant's position on the above objections. We look forward to reviewing Defendant's supplemental responses and further production. FILED: ONONDAGA COUNTY CLERK 05/11/2022 04:40 PM INDEX NO. 003917/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 05/11/2022 Dan COSTELLO COONEY & FEARON, PI 1,C Kxporivrire [11.114NALtOlk Daniel R. Rose 211 West Jefferson Street Syracuse, NY 13202 Telephone: (315) 422.1152 Fax: (315) 422-1139