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FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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IPFS OF NEW YORK, LLC, a subsidiary of
IPFS Corporation, Index No.: 616801/2021
Plaintiff,
PLAINTIFF’S FIRST
NOTICE FOR DISCOVERY
- against - AND INSPECTION
NECG INC., d/b/a Northeast Construction Group,
Defendant.
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PLEASE TAKE NOTICE that pursuant to Rule 3120 of the Civil Practice
Law and Rules, the plaintiff requests that defendant NECG INC., d/b/a Northeast
Construction Group (hereinafter “NECG INC.”), produce for inspection and copying at
the offices of plaintiff’s attorney, Law Office Of Mark D. Speed, 39 West 37th Street,
9th Floor, New York, New York 10018, or at such other mutually agreeable location, on
or before December 15, 2022, all documents and other things which are in the
possession, custody or control of defendant NECG INC. or any person or entity acting
for or on its behalf, wherever such documents may be located, concerning the above-
entitled action or the subject matter thereof, including specifically, but without limitation,
all items delineated below.
DEFINITIONS AND INSTRUCTIONS
Definitions
A. The word "document(s)" shall mean the originals (or any copy when
originals are not available) and any nonidentical copies (whether different from the
originals because of notes made on such copies or otherwise), of writings of every kind
and description, whether inscribed by hand or by mechanical, electronic, microfilm,
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microfiche, photographic or other means, as well as phonic (such as tape recordings) or
visual reproduction of oral statements, conversations or events, and including, but not
limited to, contracts, correspondence, electronic mail, pictures, photographs, drawings,
graphs, films, video tapes, tape or other recordings, written statements, witness
statements, communications, payroll records, law enforcement records, invoices, checks,
bank statements, agreements, accounting entries and records, accountants’ or
bookkeepers’ work papers, graphs, charts or accounts; financial data, Internal Revenue
Service filings, legal papers, employment agreements, resumes, transcripts, litigation
documents, teletype messages, facsimiles, telegrams, affidavits, memoranda, drafts,
notes, reports, press releases, diary entries, position papers, manuals, policy manuals,
compilations, lists, telephone slips or logs, legal analyses, schedules, studies, polls,
screens, charts, minutes of meetings, accounts, tabulations, analyses, calculations,
declarations, tallies, maps, diagrams, plans, computer runs, computer data,
computer-retrievable information, any other medium from which information can be
retrieved, summaries of computer runs, and any translations of any of the foregoing.
B. "Communication" means oral or written communications, including,
without limitation, meetings, conversations, conferences, telephone conversations,
letters, correspondence, telegrams, mailgrams, facsimiles, electronic mail and voice mail.
C. "Complaint" means the plaintiff’s Complaint in this action.
D. "Answer" means defendant NECG INC.’s Answer to the Complaint
in this action.
E. "Documents evidencing, referring or relating to" means documents
containing, concerning, showing, relating, referring, describing, discussing, evidencing,
reflecting or pertaining in any way, directly or indirectly, to, and is meant to include, without
limitation, all documents supporting, underlying, explaining, or now or at any time
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attached, annexed or appended to or used in the preparation of any document called for
by a request.
F. “Concerning” means relating to, referring to, describing, evidencing
or constituting.
G. "Defendant NECG INC.” means defendant NECG INC. and any and
all of its parents, subsidiaries, affiliates, directors, officers, principals, agents, attorneys,
employees, representatives or other persons purporting to act on its behalf.
H. “Insurance Premium Finance Agreement” means the insurance
premium finance agreement attached to plaintiff’s Complaint as Exhibit 1.
I. “Additional Premium Disclosure Agreement” means the additional
premium disclosure agreement attached to plaintiff’s Complaint as Exhibit 2.
Instructions
1. Each document furnished in response to this request is to be
produced as it is kept in the ordinary course of business, or shall be organized and labeled
to correspond with the categories in this request.
2. In the event that any document covered by this request has been
destroyed, furnish a list identifying each such document that has been destroyed, together
with the following information: (a) the date of the document; (b) the names of its authors
or preparers, identified by titleand employment; (c) the name of each person who was
sent or furnished with the document, or in any way received or viewed the document, or
has or has had custody of the document, together with an identification of each such
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person by title and employment; (d) a brief description of the document; (e) the date of
destruction; (f) the name of the person or persons who authorized the destruction of the
document, identified by title and employment; and (g) the name of the person or persons
who destroyed the document, identified by title and employment.
3. This request is a continuing one and requires further supplemental
production by you as and whenever you produce, create, acquire or locate additional
documents covered by this request between the time of the initial production hereunder
and the time of trial in this action.
4. Except when express reference is made to another paragraph, each
paragraph herein should be construed independently and not by reference to any
paragraph herein for purposes of limitation.
5. The singular and masculine form of any noun or pronoun shall
embrace, and be read and applied as embracing the plural, the feminine and the neuter,
except where context clearly makes it inappropriate.
6. "And" as well as "or" shall be construed either as disjunctive or
conjunctive so as to bring within the scope of the documents to be produced any
documents that might otherwise be construed to be outside the scope of the request.
Privilege
If any requested document is claimed by defendant NECG INC. to be
privileged, state:
(a) the reason for withholding it;
(b) the author of the document;
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(c) each individual or other person to whom the document
indicates the original or a copy thereof was sent;
(d) every other person who has seen the document;
(e) the date of the document;
(f) the general subject matter of the document; and
(g) whether defendant NECG INC. will submit such document to
the Court for an in camera determination as to the validity of the claim of privilege.
DOCUMENTS REQUESTED
1. All documents evidencing, referring or relating to the Insurance
Premium Finance Agreement attached to the Complaint as Exhibit 1, including, but not
limited to, any and all drafts and signed copies of same.
2. All documents evidencing, referring or relating to the Additional
Premium Disclosure Agreement attached to the Complaint as Exhibit 2, including, but not
limited to, any and all drafts and signed copies of same.
3. All documents evidencing, referring or relating to any
communications between plaintiff and defendant NECG INC. concerning or relating to the
premium finance agreement attached to the Complaint as Exhibit 1.
4. All documents evidencing, referring or relating to any
communications between plaintiff and defendant NECG INC. concerning or relating to the
Additional Premium Disclosure Agreement attached to the Complaint as Exhibit 2.
5. All documents evidencing, referring or relating to any
communications between defendant NECG INC. and William F. Jankowski Agency , Inc..
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concerning or relating to the premium finance agreement attached to the Complaint as
Exhibit 1.
6. All documents evidencing, referring or relating to any
communications between defendant NECG INC. and William F. Jankowski Agency , Inc..
concerning or relating to the Additional Premium Disclosure Agreement attached to the
Complaint as Exhibit 2.
7. All documents evidencing, referring or relating to any payments
made by the defendant in regard to the Insurance Premium Finance Agreement and/or
the Additional Premium Disclosure Agreement.
8. All documents evidencing, referring or relating to communications
between the defendant and any individual or entity concerning or relating to the actual or
potential return of unearned premiums on the insurance policies which were the subject
of the Insurance Premium Finance Agreement and/or the Additional Premium Disclosure
Agreement.
9. All documents evidencing, referring or relating to the actual or
potential return of unearned premiums on the insurance policies which were the subject
of the Insurance Premium Finance Agreement and/or the Additional Premium Disclosure
Agreement.
10. All documents evidencing, referring or relating to an actual or
potential audit by an insurer or other third party, to determine the amount of premiums
owed by the defendant under the insurance policies which were the subject of the
Insurance Premium Finance Agreement and/or the Additional Premium Disclosure
Agreement, including, but not limited to the “audit of the policy” referred to by the
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President of NECG, Inc., Ms. Catherine Chmela, in paragraph 20 of her Affidavit, dated
March 26, 2022, which was submitted to the Court in opposition to plaintiff’s motion for
summary judgment.
11. All documents evidencing, referring or relating to the allegations in
paragraph 25 and 26 of the Answer that “an audit of the subject insurance policy was
performed by an entity contracted by the insurance carrier” and that “such audit revealed
that any amount paid by Defendant exceeded the amount that may be due to Plaintiff.”
12. All documents evidencing, referring or relating to the allegation in
paragraph 28 of the Answer that “a payment for a refund due to Defendant under the
policy of insurance and agreements related thereto was issued to the broker for
Defendant.”
13. All documents evidencing, referring or relating to the potential or
actual cancellation of any of the underlying insurance policies referenced in the Insurance
Premium Finance Agreement and/or the Additional Premium Disclosure Agreement.
14. All documents evidencing, referring or relating to communications
between the defendant and any individual or entity concerning or relating to the actual or
potential cancellation of any of the underlying insurance policies referenced in the
Insurance Premium Finance Agreement and/or the Additional Premium Disclosure
Agreement.
Dated: New York, New York
November 15, 2022
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Yours, etc.
LAW OFFICE OF MARK D. SPEED
By:________________________________________
Mark D. Speed
Attorney for Plaintiff
39 West 37th Street, 9th Floor
New York, New York 10018
(212) 344-3339
TO: MESSINA PERILLO HILL, LLP (via NYSCEF and Regular Mail))
Attorneys for Defendant
285 West Main Street, Suite 203
Sayville, New York 11782
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Preview
FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------------X IPFS OF NEW YORK, LLC, a subsidiary of IPFS Corporation, Index No.: 616801/2021 Plaintiff, PLAINTIFF’S FIRST NOTICE FOR DISCOVERY - against - AND INSPECTION NECG INC., d/b/a Northeast Construction Group, Defendant. --------------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Rule 3120 of the Civil Practice Law and Rules, the plaintiff requests that defendant NECG INC., d/b/a Northeast Construction Group (hereinafter “NECG INC.”), produce for inspection and copying at the offices of plaintiff’s attorney, Law Office Of Mark D. Speed, 39 West 37th Street, 9th Floor, New York, New York 10018, or at such other mutually agreeable location, on or before December 15, 2022, all documents and other things which are in the possession, custody or control of defendant NECG INC. or any person or entity acting for or on its behalf, wherever such documents may be located, concerning the above- entitled action or the subject matter thereof, including specifically, but without limitation, all items delineated below. DEFINITIONS AND INSTRUCTIONS Definitions A. The word "document(s)" shall mean the originals (or any copy when originals are not available) and any nonidentical copies (whether different from the originals because of notes made on such copies or otherwise), of writings of every kind and description, whether inscribed by hand or by mechanical, electronic, microfilm, 1 of 8 FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022 microfiche, photographic or other means, as well as phonic (such as tape recordings) or visual reproduction of oral statements, conversations or events, and including, but not limited to, contracts, correspondence, electronic mail, pictures, photographs, drawings, graphs, films, video tapes, tape or other recordings, written statements, witness statements, communications, payroll records, law enforcement records, invoices, checks, bank statements, agreements, accounting entries and records, accountants’ or bookkeepers’ work papers, graphs, charts or accounts; financial data, Internal Revenue Service filings, legal papers, employment agreements, resumes, transcripts, litigation documents, teletype messages, facsimiles, telegrams, affidavits, memoranda, drafts, notes, reports, press releases, diary entries, position papers, manuals, policy manuals, compilations, lists, telephone slips or logs, legal analyses, schedules, studies, polls, screens, charts, minutes of meetings, accounts, tabulations, analyses, calculations, declarations, tallies, maps, diagrams, plans, computer runs, computer data, computer-retrievable information, any other medium from which information can be retrieved, summaries of computer runs, and any translations of any of the foregoing. B. "Communication" means oral or written communications, including, without limitation, meetings, conversations, conferences, telephone conversations, letters, correspondence, telegrams, mailgrams, facsimiles, electronic mail and voice mail. C. "Complaint" means the plaintiff’s Complaint in this action. D. "Answer" means defendant NECG INC.’s Answer to the Complaint in this action. E. "Documents evidencing, referring or relating to" means documents containing, concerning, showing, relating, referring, describing, discussing, evidencing, reflecting or pertaining in any way, directly or indirectly, to, and is meant to include, without limitation, all documents supporting, underlying, explaining, or now or at any time 2 2 of 8 FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022 attached, annexed or appended to or used in the preparation of any document called for by a request. F. “Concerning” means relating to, referring to, describing, evidencing or constituting. G. "Defendant NECG INC.” means defendant NECG INC. and any and all of its parents, subsidiaries, affiliates, directors, officers, principals, agents, attorneys, employees, representatives or other persons purporting to act on its behalf. H. “Insurance Premium Finance Agreement” means the insurance premium finance agreement attached to plaintiff’s Complaint as Exhibit 1. I. “Additional Premium Disclosure Agreement” means the additional premium disclosure agreement attached to plaintiff’s Complaint as Exhibit 2. Instructions 1. Each document furnished in response to this request is to be produced as it is kept in the ordinary course of business, or shall be organized and labeled to correspond with the categories in this request. 2. In the event that any document covered by this request has been destroyed, furnish a list identifying each such document that has been destroyed, together with the following information: (a) the date of the document; (b) the names of its authors or preparers, identified by titleand employment; (c) the name of each person who was sent or furnished with the document, or in any way received or viewed the document, or has or has had custody of the document, together with an identification of each such 3 3 of 8 FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022 person by title and employment; (d) a brief description of the document; (e) the date of destruction; (f) the name of the person or persons who authorized the destruction of the document, identified by title and employment; and (g) the name of the person or persons who destroyed the document, identified by title and employment. 3. This request is a continuing one and requires further supplemental production by you as and whenever you produce, create, acquire or locate additional documents covered by this request between the time of the initial production hereunder and the time of trial in this action. 4. Except when express reference is made to another paragraph, each paragraph herein should be construed independently and not by reference to any paragraph herein for purposes of limitation. 5. The singular and masculine form of any noun or pronoun shall embrace, and be read and applied as embracing the plural, the feminine and the neuter, except where context clearly makes it inappropriate. 6. "And" as well as "or" shall be construed either as disjunctive or conjunctive so as to bring within the scope of the documents to be produced any documents that might otherwise be construed to be outside the scope of the request. Privilege If any requested document is claimed by defendant NECG INC. to be privileged, state: (a) the reason for withholding it; (b) the author of the document; 4 4 of 8 FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022 (c) each individual or other person to whom the document indicates the original or a copy thereof was sent; (d) every other person who has seen the document; (e) the date of the document; (f) the general subject matter of the document; and (g) whether defendant NECG INC. will submit such document to the Court for an in camera determination as to the validity of the claim of privilege. DOCUMENTS REQUESTED 1. All documents evidencing, referring or relating to the Insurance Premium Finance Agreement attached to the Complaint as Exhibit 1, including, but not limited to, any and all drafts and signed copies of same. 2. All documents evidencing, referring or relating to the Additional Premium Disclosure Agreement attached to the Complaint as Exhibit 2, including, but not limited to, any and all drafts and signed copies of same. 3. All documents evidencing, referring or relating to any communications between plaintiff and defendant NECG INC. concerning or relating to the premium finance agreement attached to the Complaint as Exhibit 1. 4. All documents evidencing, referring or relating to any communications between plaintiff and defendant NECG INC. concerning or relating to the Additional Premium Disclosure Agreement attached to the Complaint as Exhibit 2. 5. All documents evidencing, referring or relating to any communications between defendant NECG INC. and William F. Jankowski Agency , Inc.. 5 5 of 8 FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022 concerning or relating to the premium finance agreement attached to the Complaint as Exhibit 1. 6. All documents evidencing, referring or relating to any communications between defendant NECG INC. and William F. Jankowski Agency , Inc.. concerning or relating to the Additional Premium Disclosure Agreement attached to the Complaint as Exhibit 2. 7. All documents evidencing, referring or relating to any payments made by the defendant in regard to the Insurance Premium Finance Agreement and/or the Additional Premium Disclosure Agreement. 8. All documents evidencing, referring or relating to communications between the defendant and any individual or entity concerning or relating to the actual or potential return of unearned premiums on the insurance policies which were the subject of the Insurance Premium Finance Agreement and/or the Additional Premium Disclosure Agreement. 9. All documents evidencing, referring or relating to the actual or potential return of unearned premiums on the insurance policies which were the subject of the Insurance Premium Finance Agreement and/or the Additional Premium Disclosure Agreement. 10. All documents evidencing, referring or relating to an actual or potential audit by an insurer or other third party, to determine the amount of premiums owed by the defendant under the insurance policies which were the subject of the Insurance Premium Finance Agreement and/or the Additional Premium Disclosure Agreement, including, but not limited to the “audit of the policy” referred to by the 6 6 of 8 FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022 President of NECG, Inc., Ms. Catherine Chmela, in paragraph 20 of her Affidavit, dated March 26, 2022, which was submitted to the Court in opposition to plaintiff’s motion for summary judgment. 11. All documents evidencing, referring or relating to the allegations in paragraph 25 and 26 of the Answer that “an audit of the subject insurance policy was performed by an entity contracted by the insurance carrier” and that “such audit revealed that any amount paid by Defendant exceeded the amount that may be due to Plaintiff.” 12. All documents evidencing, referring or relating to the allegation in paragraph 28 of the Answer that “a payment for a refund due to Defendant under the policy of insurance and agreements related thereto was issued to the broker for Defendant.” 13. All documents evidencing, referring or relating to the potential or actual cancellation of any of the underlying insurance policies referenced in the Insurance Premium Finance Agreement and/or the Additional Premium Disclosure Agreement. 14. All documents evidencing, referring or relating to communications between the defendant and any individual or entity concerning or relating to the actual or potential cancellation of any of the underlying insurance policies referenced in the Insurance Premium Finance Agreement and/or the Additional Premium Disclosure Agreement. Dated: New York, New York November 15, 2022 7 7 of 8 FILED: SUFFOLK COUNTY CLERK 11/16/2022 01:01 PM INDEX NO. 616801/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/16/2022 Yours, etc. LAW OFFICE OF MARK D. SPEED By:________________________________________ Mark D. Speed Attorney for Plaintiff 39 West 37th Street, 9th Floor New York, New York 10018 (212) 344-3339 TO: MESSINA PERILLO HILL, LLP (via NYSCEF and Regular Mail)) Attorneys for Defendant 285 West Main Street, Suite 203 Sayville, New York 11782 8 8 of 8