Preview
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022
"E"
EXHIBIT
Letter and e-mails exchanged between attorneys regarding Plaintiff's discovery demands
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022
DuCharme Clark LLP
Attorneys at Law
646 Plank Road - Suite 204
Clifton Park, New York 12065
www.ducharmeclark.com
Telephone: (518) 373-1482 Fax: (518) 373-8758
JO W. CLARK, Maj Gen, USAF (Ret) JOHN B. DUCHARME
February 21, 2022
Mario D. Cometti, Esq.
Cometti Law Firm
P.O. Box 372
Delmar, New York 12159
Re: DeCola v. Razzano Homes and Remodelers, Inc, Supreme Court, Rensselaer County;
Index No.: EF2021-270027
Mario:
Enclosed please find:
Particulars;"
1. The Plaintiff's "Demand for a Verified Bill of
Demands;"
2. The "Plaintiff's Combined Discovery
Demand;"
3. The "Plaintiff's First Document and
4. Notices to take the deposition of Defendant's employees: (a) Daniel Razzano; (b) Angela
Sehein; (c) Ed Wierzbowski; and (d) Kenny Brown. It is my plan to take each of these
depositions after I receive response to the enclosed discovery demands at a mutually agreed
on place and time.
If you have any questions regarding the enclosed, please feel free to call or e-mail me.
DuCHARM CLARK, LLP
B. DuCharme
:nb
Enclosures
cc: Paula DeCola (via e-mail)
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027
NYSCEF
3/30/22, DOC.
10:40AM NO. 48 DeCola v. RazzanoHomes and Remodelers,Inc. RECEIVED NYSCEF: 04/01/2022
Esq."
From: "John B. DuCharme,
"mdc@comettilawfirm.com"
To:
Cc:
Bec:
Priority: Normal
Date: Wednesday March 30 2022 10:40:26AM
DeCola v. Razzano Homes and Remodelers, Inc.
Mario:
As you know, on February 22, 2022, I served on you as the attorney for Defendant the attached demands:
Particulars;"
1. The Plaintiff's "Demand for a Verified Bill of
Demands;"
2. The "Plaintiff's Combined Discovery and
Demand."
3. The "Plaintiff's First Document
Although you have acknowledged receipt of these demands, Defendant has not responded to them.
Defendant's time to respond to these demands has now expired. Please letme know what the status is ofDefendant's
responses.
Please consider this a good faith effortto resolve the discovery dispute as required by 22 NYCRR §202.7(a).
Defendant's continued failure to serve appropriate responses will resultin Plaintiff filing a motion to compel.
Very truly yours,
John B. DuCharme
DuCharme Clark, LLP
646 Plank Road - Suite 204
Clifton Park, New York 12065
(office) 518-373-1482
(fax) 518-373-8758
**CONFIDENTIAL COMMUNICATION **
This message is being sent by or on behalf of a lawyer; itis intended for the exclusive use of its intended recipient and
may contain information that isprivileged or confidential or otherwise legally exempt from disclosure. Ifyou are not the
intended recipient or an employee or agent responsible for delivering thismessage tothe intended recipient,you are not
authorized to read, print,retain, copy or disseminate this message or any part of it.
If you have received thismessage in
error, please notify us immediately by e-mail. Then, immediately discard any paper copies and delete any electronic
files of the message. If you are not sure as to whether you are the intended recipient, please respond to the above e-mail
address. Thank you.
https://webmail.spectrum.net/mail
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027
NYSCEF
3/30/22,
DOC.
1:14PM NO. 48 RE: DeCola v. RazzanoHomes and Remodelers,Inc. RECEIVED NYSCEF: 04/01/2022
Cometti"
From: "Mario
"jducharme@nycap.rr.com"
To:
Cc:
Bec:
Priority: Normal
Date: Wednesday March 30 2022 12:29:55PM
RE: DeCola v. Razzano Homes and Remodelers, Inc.
Mr. Razzano,
I intend to file a motion to dismiss, which I believe will render these requests moot.
Mario Cometti
Cometti Law Firm
(518) 852-8413
P.O. Box 372
Delmar, New York 12054
http://www.comettilawfmn.com
Martindale-Hubbelf
OPREEMINENT
RATED
BY
Super Lawyers
Mario DavidCornetti
SuperLawyers.com
CONFIDENTIALITY - PR1VILEGE NOTICE:
Information contained in thise-mail is intended only forthe personal and confidential use of the recipient(s) named
above. This message may be an attorney-client communication and as such is privileged and confidential. Ifyou are not
the intended
recipient, this serves as notice to you that you have received this document in errorand that any review, dissemination,
distribution, or copying of this message is strictlyprohibited. If you have received this communication in error,please
delete the
original message and any attachments thereto and immediately notify the sender via e-mail or by telephone at (518)
852-8413. Thank you.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the U.S. Treasury and IRS,
we inform you that any federal tax advice contained in this communication (including attachments) is not intended or
written to be used and
cannot be used for the purpose of (i)avoiding tax penalties that may be imposed under the Internal Revenue Code, or
(ii)promoting, marketing, or recommending to another person any transaction or matter addressed herein.
-----Original message-----
Esq."
From: "John B. DuCharme, [jducharme@nycap.rr.com]
Sent: Wednesday, Mar 30 2022 10:40 AM
To: mdc@comettilawfirm.com
Subject: DeCola v. Razzano Homes and Remodelers, Inc.
Mario:
As you know, on February 22, 2022, I served on you as the attorney for Defendant the attached demands:
ittps"//webmall.spectrum.net/mail
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022
3/30 PM RE: DeCola v. RazzanoHomes and Remodelers,Inc. - Plaintiffs
DiscoveryDemands
Esq."
From: "John B. DuCharme,
Cometti"
To: "Mario
Cc:
Bec:
Priority: Normal
Date: Wednesday March 30 2022 2:09:43PM
RE: DeCola v. Razzano Homes and Inc. - Plaintiff's Demands
Remodelers, Discovery
Mario:
In response to your below e-mail, as you know, Judge Zwack's March 21, 2022 Scheduling Order requires that allpaper
discovery be completed by April 22, 2022.
Based on your below e-mail, itis my understanding that your client is unequivocally refusing to comply with any of
Plaintiff's paper discovery demands.
If my understanding is incorrect, then please letme know by the close of business today the status of your client's
responses tothe pending demands.
If my understanding is correct, then I will filea motion to compel Defendant's compliance pursuant to CPLR Rule
3124.
Please consider this my continuing good faith effortto resolve the discovery dispute as required by 22 NYCRR
§202.7(a).
Very truly yours,
John B. DuCharme
DuCharme Clark, LLP
646 Plank Road - Suite 204
Clifton Park, New York 12065
(office) 518-373-1482
(fax) 518-373-8758
**CONFIDENTIAL COMMUNICATION **
This message is being sent by or on behalf of a lawyer; itis intended for the exclusive use of itsintended recipient and
may contain information that isprivileged or confidential or otherwise legally exempt from disclosure. If you are not the
intended recipient or an employee or agent responsible for delivering this message to the intended recipient, you are not
authorized to read, print, retain,copy or disseminate this message or any part of it.Ifyou have received this message in
error, please notify us immediately by e-mail. Then, immediately discard any paper copies and delete any electronic
files of the message. Ifyou are not sure as to whether you are the intended recipient, please respond to the above e-mail
address. Thank you.
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022
3/30/22,4:17PM RE: DeCola v. RazzanoHomes and Remodelers,Inc. - Plaintiffs
DiscoveryDemands
Cometti"
From: "Mario
"jducharme@nycap.rr.com"
To:
Cc:
Bec:
Priority: Normal
Date: Wednesday March 30 2022 2:57:00PM
RE: DeCola v. Razzano Homes and Inc. - Plaintiff's Demands
Remodelers, Discovery
John,
If you feel the need to file a motion, go ahead.
But you understand that it will be for naught, because the filing of a motion to dismiss/summary
judgment stays discovery. If I file a motion, especially before April 22, I have not violated the order.
It would just be silly.
I understand that you claim that you need certain document etc. under CPLR 3212 - but that
may (f)
is a defense you raise in the context of a motion- not beforehand. You don't even know yet what I
am moving for.
If this is unacceptable, just ask for a court conference call.
Mario Cometti
Cometti Law Firm
(518) 852-8413
P.O. Box 372
Delmar, New York 12054
http://www.comettilawfirm.com
Martindale-Hubbell*
OPREEMINENT
RATED
BY
Super Lawyers
Mario DavidGometti
SuperLawyers.com
CONFIDENTIALITY - PRIVILEGE NOTICE:
Information contained in thise-mail is intended only forthe personal and confidential use of the recipient(s) named
above. This message may be an attorney-client communication and as such is privileged and confidential. Ifyou are not
the intended
recipient, this serves as notice to you that you have received thisdocument in error and that any review, dissemination,
distribution, or copying of this message is strictlyprohibited. Ifyou have received thiscommunication in error,please
delete the
original message and any attachments thereto and immediately notify the sender via e-mail or by telephone at (518)
852-8413. Thank you.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the U.S. Treasury and IRS,
we inform you thatany federal tax advice contained in thiscommunication (including attachments) is not intended or
written to be used and
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022
3/30/22,5:04PM RE: DeCola v. RazzanoHomes and Remodelers,Inc. - Plaintiff's
DiscoveryDemands
Esq."
From: "John B. DuCharme,
Cometti"
To: "Mario
Cc:
Bec:
Priority: Normal
Date: Wednesday March 30 2022 4:59:32PM
RE: DeCola v. Razzano Homes and Inc. - Plaintiff's Demands
Remodelers, Discovery
Mario:
Thank you for your below e-mail.
At this point in the litigation, we both must wait untildiscovery iscompleted prior tomaking any dispositive motions.
As I am sure you know, Judge Zwack's March 21 Scheduling Order expressly statesthat "[a]ll dispositive motions
Issue."
must be made within 120 days of filing a Note of See, 17 of the Scheduling Order, a copy of which is
attached.
The Note of Issue cannot be filed until discovery iscompleted and thiscase is ready to be decided by eithermotion or
trial.
Once I have the Defendant's responses to Plaintiff's discovery demands, and Idepose the witnesses Plaintiffnoticed to
be deposed (Daniel Razzano; Angela Sehein; Ed Wierzbowski; and Kenny Brown), I feelconfident that Plaintiffwill be
in a position to establish that your client:(a) failed to deposit Plaintiff's $77,509.01 contract deposit in the required
escrow account in breach of both the contract and the Lien Law; (b) failed to timely perform itsobligations under the
contract; (c) improperly retained Plaintiff's contract deposit of $77,509.01, and (d) submitted to Plaintiffa fraudulent
and unjustified invoice for $58,791.54.
The fact that Defendant continues to refuse to respond to any discovery demands and has failed to produce any
documents which could refute the foregoing claims a bank
(i.e., statement showing that the $77,509.01 was deposited
into an escrow account and has not been improperly expended by your client) enhances my confidence.
If you have a change of heart and decide to properly respond to Plaintiff's discovery demands, then please letme know.
Otherwise, I willfile the motion to compel the Defendant's responses. Given the April 22, 2021 paper discovery
deadline set forth in paragraph 3 of the attached Scheduling Order, there is no time to waste on requesting and waiting
for a conference with Judge Zwack.
Please consider this my continuing good faith effort to resolve the discovery dispute as required by 22 NYCRR
§202.7(a).
Very truly yours,
John B. DuCharme
DuCharme Clark, LLP
646 Plank Road - Suite 204
Clifton Park, New York 12065
(office) 518-373-1482
(fax) 518-373-8758
**CONFIDENTIAL COMMUNICATION **
This message is being sent by or on behalf of a lawyer; itis intended for the exclusive use ofits intended recipient and
may contain information that isprivileged or confidential or otherwise legally exempt from disclosure. Ifyou are not the
intended recipient or an employee or agent responsible for delivering thismessage to the intended recipient, you are not
authorized to read, print, retain, copy or disseminate this message or any part of it.Ifyou have received thismessage in
error, please notify us immediately by e-mail. Then, immediately discard any paper copies and delete any electronic
. .. .. . .. . .. .. b
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022
3/31/22,9:04 AM RE: DeCola v. RazzanoHomes and Remodelers,Inc. - Plaintiffs
DiscoveryDemands
Cometti"
From: "Mario
"jducharme@nycap.rr.com"
To:
Cc:
Bec:
Priority: Normal
Date: Wednesday March 30 2022 6:12:27PM
RE: DeCola v. Razzano Homes and Inc. - Plaintiff's Demands
Remodelers, Discovery
John,
It is clear to me that your client has an untenable and unrealistic position. I believe a dispositive
motion would at least narrow the contentions.
You cannot file a motion to compel, because the deadline for discovery has not passed.
22nd
I have until the to comply and if I file a dispositive motion, discovery is stayed.
A motion to compel, under these circumstances, would be frivolous.
That is all I have to say.
Mario Cometti
Cometti Law Firm
(518) 852-8413
P.O. Box 372
Delmar, New York 12054
http://www.comettilawfirm.com
Martindale-Hubbelf
OPREEMiNENT
RATED
BY
Super Lawyers
Mario DavidCometti
SuperLawyers.com
CONFIDENTIALITY - PRIVILEGE NOTICE:
Information contained in this e-mail is intended only for the personal and confidential use ofthe recipient(s) named
above. This message may be an attorney-client communication and as such isprivileged and confidential. Ifyou are not
the intended
recipient, this serves as notice to you that you have received this document in error and that any review, dissemination,
distribution, or copying of thismessage is strictlyprohibited. Ifyou have received this communication in error,please
delete the
original message and any attachments thereto and immediately notify the sender via e-mail or by telephone at (518)
852-8413. Thank you.
IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the U.S.Treasury and IRS,
we inform you that any federal tax advice contained in this communication (including attachments) is not intended or
written to be used and
cannot be used forthe purpose of (i)avoiding tax penalties thatmay be imposed under the Internal Revenue Code, or
(ii)promoting, marketing, or recommending to another person any transaction or matter addressed herein.
Preview
FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022 "E" EXHIBIT Letter and e-mails exchanged between attorneys regarding Plaintiff's discovery demands FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022 DuCharme Clark LLP Attorneys at Law 646 Plank Road - Suite 204 Clifton Park, New York 12065 www.ducharmeclark.com Telephone: (518) 373-1482 Fax: (518) 373-8758 JO W. CLARK, Maj Gen, USAF (Ret) JOHN B. DUCHARME February 21, 2022 Mario D. Cometti, Esq. Cometti Law Firm P.O. Box 372 Delmar, New York 12159 Re: DeCola v. Razzano Homes and Remodelers, Inc, Supreme Court, Rensselaer County; Index No.: EF2021-270027 Mario: Enclosed please find: Particulars;" 1. The Plaintiff's "Demand for a Verified Bill of Demands;" 2. The "Plaintiff's Combined Discovery Demand;" 3. The "Plaintiff's First Document and 4. Notices to take the deposition of Defendant's employees: (a) Daniel Razzano; (b) Angela Sehein; (c) Ed Wierzbowski; and (d) Kenny Brown. It is my plan to take each of these depositions after I receive response to the enclosed discovery demands at a mutually agreed on place and time. If you have any questions regarding the enclosed, please feel free to call or e-mail me. DuCHARM CLARK, LLP B. DuCharme :nb Enclosures cc: Paula DeCola (via e-mail) FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027 NYSCEF 3/30/22, DOC. 10:40AM NO. 48 DeCola v. RazzanoHomes and Remodelers,Inc. RECEIVED NYSCEF: 04/01/2022 Esq." From: "John B. DuCharme, "mdc@comettilawfirm.com" To: Cc: Bec: Priority: Normal Date: Wednesday March 30 2022 10:40:26AM DeCola v. Razzano Homes and Remodelers, Inc. Mario: As you know, on February 22, 2022, I served on you as the attorney for Defendant the attached demands: Particulars;" 1. The Plaintiff's "Demand for a Verified Bill of Demands;" 2. The "Plaintiff's Combined Discovery and Demand." 3. The "Plaintiff's First Document Although you have acknowledged receipt of these demands, Defendant has not responded to them. Defendant's time to respond to these demands has now expired. Please letme know what the status is ofDefendant's responses. Please consider this a good faith effortto resolve the discovery dispute as required by 22 NYCRR §202.7(a). Defendant's continued failure to serve appropriate responses will resultin Plaintiff filing a motion to compel. Very truly yours, John B. DuCharme DuCharme Clark, LLP 646 Plank Road - Suite 204 Clifton Park, New York 12065 (office) 518-373-1482 (fax) 518-373-8758 **CONFIDENTIAL COMMUNICATION ** This message is being sent by or on behalf of a lawyer; itis intended for the exclusive use of its intended recipient and may contain information that isprivileged or confidential or otherwise legally exempt from disclosure. Ifyou are not the intended recipient or an employee or agent responsible for delivering thismessage tothe intended recipient,you are not authorized to read, print,retain, copy or disseminate this message or any part of it. If you have received thismessage in error, please notify us immediately by e-mail. Then, immediately discard any paper copies and delete any electronic files of the message. If you are not sure as to whether you are the intended recipient, please respond to the above e-mail address. Thank you. https://webmail.spectrum.net/mail FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027 NYSCEF 3/30/22, DOC. 1:14PM NO. 48 RE: DeCola v. RazzanoHomes and Remodelers,Inc. RECEIVED NYSCEF: 04/01/2022 Cometti" From: "Mario "jducharme@nycap.rr.com" To: Cc: Bec: Priority: Normal Date: Wednesday March 30 2022 12:29:55PM RE: DeCola v. Razzano Homes and Remodelers, Inc. Mr. Razzano, I intend to file a motion to dismiss, which I believe will render these requests moot. Mario Cometti Cometti Law Firm (518) 852-8413 P.O. Box 372 Delmar, New York 12054 http://www.comettilawfmn.com Martindale-Hubbelf OPREEMINENT RATED BY Super Lawyers Mario DavidCornetti SuperLawyers.com CONFIDENTIALITY - PR1VILEGE NOTICE: Information contained in thise-mail is intended only forthe personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is privileged and confidential. Ifyou are not the intended recipient, this serves as notice to you that you have received this document in errorand that any review, dissemination, distribution, or copying of this message is strictlyprohibited. If you have received this communication in error,please delete the original message and any attachments thereto and immediately notify the sender via e-mail or by telephone at (518) 852-8413. Thank you. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the U.S. Treasury and IRS, we inform you that any federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i)avoiding tax penalties that may be imposed under the Internal Revenue Code, or (ii)promoting, marketing, or recommending to another person any transaction or matter addressed herein. -----Original message----- Esq." From: "John B. DuCharme, [jducharme@nycap.rr.com] Sent: Wednesday, Mar 30 2022 10:40 AM To: mdc@comettilawfirm.com Subject: DeCola v. Razzano Homes and Remodelers, Inc. Mario: As you know, on February 22, 2022, I served on you as the attorney for Defendant the attached demands: ittps"//webmall.spectrum.net/mail FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022 3/30 PM RE: DeCola v. RazzanoHomes and Remodelers,Inc. - Plaintiffs DiscoveryDemands Esq." From: "John B. DuCharme, Cometti" To: "Mario Cc: Bec: Priority: Normal Date: Wednesday March 30 2022 2:09:43PM RE: DeCola v. Razzano Homes and Inc. - Plaintiff's Demands Remodelers, Discovery Mario: In response to your below e-mail, as you know, Judge Zwack's March 21, 2022 Scheduling Order requires that allpaper discovery be completed by April 22, 2022. Based on your below e-mail, itis my understanding that your client is unequivocally refusing to comply with any of Plaintiff's paper discovery demands. If my understanding is incorrect, then please letme know by the close of business today the status of your client's responses tothe pending demands. If my understanding is correct, then I will filea motion to compel Defendant's compliance pursuant to CPLR Rule 3124. Please consider this my continuing good faith effortto resolve the discovery dispute as required by 22 NYCRR §202.7(a). Very truly yours, John B. DuCharme DuCharme Clark, LLP 646 Plank Road - Suite 204 Clifton Park, New York 12065 (office) 518-373-1482 (fax) 518-373-8758 **CONFIDENTIAL COMMUNICATION ** This message is being sent by or on behalf of a lawyer; itis intended for the exclusive use of itsintended recipient and may contain information that isprivileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient or an employee or agent responsible for delivering this message to the intended recipient, you are not authorized to read, print, retain,copy or disseminate this message or any part of it.Ifyou have received this message in error, please notify us immediately by e-mail. Then, immediately discard any paper copies and delete any electronic files of the message. Ifyou are not sure as to whether you are the intended recipient, please respond to the above e-mail address. Thank you. FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022 3/30/22,4:17PM RE: DeCola v. RazzanoHomes and Remodelers,Inc. - Plaintiffs DiscoveryDemands Cometti" From: "Mario "jducharme@nycap.rr.com" To: Cc: Bec: Priority: Normal Date: Wednesday March 30 2022 2:57:00PM RE: DeCola v. Razzano Homes and Inc. - Plaintiff's Demands Remodelers, Discovery John, If you feel the need to file a motion, go ahead. But you understand that it will be for naught, because the filing of a motion to dismiss/summary judgment stays discovery. If I file a motion, especially before April 22, I have not violated the order. It would just be silly. I understand that you claim that you need certain document etc. under CPLR 3212 - but that may (f) is a defense you raise in the context of a motion- not beforehand. You don't even know yet what I am moving for. If this is unacceptable, just ask for a court conference call. Mario Cometti Cometti Law Firm (518) 852-8413 P.O. Box 372 Delmar, New York 12054 http://www.comettilawfirm.com Martindale-Hubbell* OPREEMINENT RATED BY Super Lawyers Mario DavidGometti SuperLawyers.com CONFIDENTIALITY - PRIVILEGE NOTICE: Information contained in thise-mail is intended only forthe personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is privileged and confidential. Ifyou are not the intended recipient, this serves as notice to you that you have received thisdocument in error and that any review, dissemination, distribution, or copying of this message is strictlyprohibited. Ifyou have received thiscommunication in error,please delete the original message and any attachments thereto and immediately notify the sender via e-mail or by telephone at (518) 852-8413. Thank you. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the U.S. Treasury and IRS, we inform you thatany federal tax advice contained in thiscommunication (including attachments) is not intended or written to be used and FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022 3/30/22,5:04PM RE: DeCola v. RazzanoHomes and Remodelers,Inc. - Plaintiff's DiscoveryDemands Esq." From: "John B. DuCharme, Cometti" To: "Mario Cc: Bec: Priority: Normal Date: Wednesday March 30 2022 4:59:32PM RE: DeCola v. Razzano Homes and Inc. - Plaintiff's Demands Remodelers, Discovery Mario: Thank you for your below e-mail. At this point in the litigation, we both must wait untildiscovery iscompleted prior tomaking any dispositive motions. As I am sure you know, Judge Zwack's March 21 Scheduling Order expressly statesthat "[a]ll dispositive motions Issue." must be made within 120 days of filing a Note of See, 17 of the Scheduling Order, a copy of which is attached. The Note of Issue cannot be filed until discovery iscompleted and thiscase is ready to be decided by eithermotion or trial. Once I have the Defendant's responses to Plaintiff's discovery demands, and Idepose the witnesses Plaintiffnoticed to be deposed (Daniel Razzano; Angela Sehein; Ed Wierzbowski; and Kenny Brown), I feelconfident that Plaintiffwill be in a position to establish that your client:(a) failed to deposit Plaintiff's $77,509.01 contract deposit in the required escrow account in breach of both the contract and the Lien Law; (b) failed to timely perform itsobligations under the contract; (c) improperly retained Plaintiff's contract deposit of $77,509.01, and (d) submitted to Plaintiffa fraudulent and unjustified invoice for $58,791.54. The fact that Defendant continues to refuse to respond to any discovery demands and has failed to produce any documents which could refute the foregoing claims a bank (i.e., statement showing that the $77,509.01 was deposited into an escrow account and has not been improperly expended by your client) enhances my confidence. If you have a change of heart and decide to properly respond to Plaintiff's discovery demands, then please letme know. Otherwise, I willfile the motion to compel the Defendant's responses. Given the April 22, 2021 paper discovery deadline set forth in paragraph 3 of the attached Scheduling Order, there is no time to waste on requesting and waiting for a conference with Judge Zwack. Please consider this my continuing good faith effort to resolve the discovery dispute as required by 22 NYCRR §202.7(a). Very truly yours, John B. DuCharme DuCharme Clark, LLP 646 Plank Road - Suite 204 Clifton Park, New York 12065 (office) 518-373-1482 (fax) 518-373-8758 **CONFIDENTIAL COMMUNICATION ** This message is being sent by or on behalf of a lawyer; itis intended for the exclusive use ofits intended recipient and may contain information that isprivileged or confidential or otherwise legally exempt from disclosure. Ifyou are not the intended recipient or an employee or agent responsible for delivering thismessage to the intended recipient, you are not authorized to read, print, retain, copy or disseminate this message or any part of it.Ifyou have received thismessage in error, please notify us immediately by e-mail. Then, immediately discard any paper copies and delete any electronic . .. .. . .. . .. .. b FILED: RENSSELAER COUNTY CLERK 04/01/2022 05:24 PM INDEX NO. EF2021-270027 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 04/01/2022 3/31/22,9:04 AM RE: DeCola v. RazzanoHomes and Remodelers,Inc. - Plaintiffs DiscoveryDemands Cometti" From: "Mario "jducharme@nycap.rr.com" To: Cc: Bec: Priority: Normal Date: Wednesday March 30 2022 6:12:27PM RE: DeCola v. Razzano Homes and Inc. - Plaintiff's Demands Remodelers, Discovery John, It is clear to me that your client has an untenable and unrealistic position. I believe a dispositive motion would at least narrow the contentions. You cannot file a motion to compel, because the deadline for discovery has not passed. 22nd I have until the to comply and if I file a dispositive motion, discovery is stayed. A motion to compel, under these circumstances, would be frivolous. That is all I have to say. Mario Cometti Cometti Law Firm (518) 852-8413 P.O. 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