Preview
FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022
Writer’s Direct Dial:
(516) 663-6612
Writer’s Direct Fax:
(516) 663-6812
Writer’s E-Mail:esy@rmfpc.com
December 19, 2022
By Email
David E. Ross, Esq.
Kasowitz Benson Torres LLP
1633 Broadway
New York, New York 10019
Re: xxxxxx et al. v. xxxxx et al.; Index No. 607197/2022
Dear Mr. Ross,
As you know, we represent plaintiff/counterclaim-defendant xxxxxx xxxxxx, individually
and derivatively on behalf of Rockville Corp (“xxxxxx”) in the above referenced action. Enclosed
please find xxxxxx’s responses and objections to defendant/counterclaim-plaintiff xxxxxxx xxxxx’s
First Set of Interrogatories.
Additionally, it has just come to our attention that none of the defendants verified their
answers to the complaint (See NYSCEF Doc. Nos. 72, 73, and 74). Accordingly, we deem
defendants’ answers as nullities pursuant to CPLR § 3022 unless rectified within five (5) business
days.
Very truly yours,
/s/ Elizabeth S. Sy
Elizabeth S. Sy
For the Firm
cc: Daniel E. Shapiro, Esq.
Enc.
RUSKIN MOSCOU ▼ 1 of
1 425 R X R P laz a, U nio nda le, N Y 115 56 -1 425
10▼
516. 663. 6600
FALTISCHEK
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F 5 16. 6 63. 66 01
w w w . r mf pc . c o m
FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
xxxxxx xxxxxx a/k/a xxxxxxxxxx
xxxxxx, individually and derivatively on
behalf of ROCKVILLE CORP., Index No.: 607197/2022
Plaintiff, Hon. Sharon M.J. Gianelli
-against- PLAINTIFF xxxxxx’S
RESPONSES AND
xxxxxxx xxxxx, individually and as the OBJECTIONS TO
executor of the Estate of xxxx xxxxx, and as COUNTERCLAIM-
co-trustee of the disclaimer Trust under PLAINTIFF’S FIRST SET OF
Article “Fourth” of the Last Will and INTERROGATORIES
Testament of xxxx xxxxx; MAKAN
DELRAHIM, as former co-trustee of the
disclaimer Trust under Article “Fourth” of the
Last Will and Testament of xxxx xxxxx; and
BAHARAK AMIRIAN as co-trustee of the
disclaimer Trust under the Last Will and
Testament of xxxx xxxxx,
Defendants,
-and-
ROCKVILLE CORP.
Nominal Defendant.
xxxxxxx xxxxx and ROCKVILLE CORP.,
Counterclaim-Plaintiffs
-against-
xxxxxx xxxxxx and 172 BARGAIN LIQUORS
INC.
Counterclaim-Defendants.
Counterclaim-Defendant xxxxxx xxxxxx (“xxxxxx”), by his counsel, Ruskin Moscou
Faltischek, P.C., responds to the First Set of Interrogatories, dated November 28, 2022 (each an
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“Interrogatory” and collectively, “Interrogatories”) issued by counterclaim-plaintiff, xxxxxxx xxxxx
(“xxxxxxx” or “Counterclaim-Plaintiff”) as follows1:
GENERAL OBJECTIONS AND RESERVATIONS
The following general objections and reservations apply to each and every Interrogatory,
including the “Instructions” and “Definitions” thereto, and shall have the same force and effect as
if set forth in full response to each individually numbered Interrogatory. General Objections may
be specifically referred to in certain responses for the purposes of clarity; however, the failure to
specifically incorporate a General Objection should not be construed as a waiver of same.
1. xxxxxx objects to the Interrogatories to the extent that they purport to impose
obligations in excess of those created by the New York Civil Practice Law and Rules and the
Commercial Division Rules.
2. xxxxxx objects to the Interrogatories to the extent that they are overbroad, vexatious
or seek information irrelevant to the subject matter of this action and not reasonably calculated to
lead to the discovery of admissible evidence.
3. xxxxxx objects to the Interrogatories to the extent they call for legal conclusions.
4. xxxxxx objects to the Interrogatories to the extent that they are vague, ambiguous
and use undefined terms, or otherwise lack sufficient precision to permit a response.
5. xxxxxx objects to the Interrogatories to the extent they are not limited as to time or
refer to a time unrelated to the allegations in this action.
6. xxxxxx objects to the Interrogatories to the extent they are overlapping and
duplicative.
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While the Interrogatories purport to be served on behalf of Rockville Corp. in addition to xxxxxxx, counsel has never
been formally retained by Rockville Corp. and xxxxxxx’s counsel, Kasowitz Benson Torres LLP, is without authority
Absent xxxxxx’s authorization and consent, as the controlling and majority
to represent Rockville Corp. in this action.
shareholder of Rockville Corp., that entity cannot retain counsel to represent it in this matter.
Therefore, to the extent
any of the Interrogatories are purportedly made or issued on behalf of Rockville Corp., they are hereby rejected and
will be treated as a nullity herein.
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7. xxxxxx objects to all categories of information requested in the Interrogatories to
the extent they call for information that is privileged or exempt from discovery under the attorney-
client communications privilege, work product doctrine (including materials prepared in
anticipation of litigation or for trial), joint defense privilege, common interest doctrine, self-
evaluating privilege, or other privilege or exemption under applicable law. xxxxxx does not waive,
and intends to preserve, any applicable privilege or protection. In the event that any privileged or
protected information or document is disclosed by xxxxxx, the disclosure is inadvertent and will
not constitute a waiver of any privilege or protection. Further, to the extent that xxxxxx specifically
objects to certain Interrogatories on the grounds of privilege but not specifically to other
Interrogatories on that ground, this should not be taken as an indication that xxxxxx waives his
privilege objection in any instance.
8. xxxxxx objects to the Interrogatories to the extent they seek information that xxxxxxx
has in her possession, custody or control or to which she has equal or greater access because they
are in the public domain.
9. xxxxxx objects to the Interrogatories to the extent they seek the production of
information outside the possession, custody or control of xxxxxx. xxxxxx disclaims any obligation
to collect or produce information from any person or entity other than itself.
10. xxxxxx objects to the Interrogatories to the extent they seek information that is
unduly burdensome to obtain.
11. xxxxxx objects to the Interrogatories to the extent they purport to require him to
perform anything more than a good-faith and diligent search where responsive information
reasonably can be expected to be found. Any production by xxxxxx of information will be limited
to non-privileged information from reasonably accessible sources where responsive information
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reasonably can be expected to be found, and in proportion with the scope of discovery in this
action.
12. In providing these general objections and specific answers and objections to the
Interrogatories, xxxxxx does not in any way waive nor intend to waive, but rather intends to
preserve and is preserving:
(a) all objections as to competence, relevance, materiality and admissibility of
any information that may be produced pursuant to the Interrogatories or the
subject matter of any request;
(b) all objections as to vagueness, ambiguity and undue burden;
(c) all objections to the use of any material of information that may be
produced, or the subject matter of any Interrogatory, in any subsequent
proceedings, including the hearing of this or any other related or unrelated
action, trial, hearing, case or controversy;
(d) all objections to any request for further responses to the Interrogatories or
any other demand for information, or other discovery requests involving or
related to the subject matter of the Interrogatories.
13. xxxxxx objects to the Interrogatories to the extent they seek information that are not
in xxxxxx’s possession, custody and control. A response that xxxxxx will produce information
responsive to an Interrogatory does not indicate that xxxxxx possesses information responsive to
that Interrogatory.
14. xxxxxx’s responses and objections are based upon information presently known to
xxxxxx, and are set forth herein without prejudice to xxxxxx’s right to assert additional objections
or supplemental responses should xxxxxx discover additional information or grounds for objection.
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15. Each and every response to the Interrogatories is in no way to be construed as a
representation of any legal or factual contention or an adoptive admission of any statement
contained in any Interrogatory or adverse pleading.
16. xxxxxx’s production of information in response to the Interrogatories does not
constitute an admission by xxxxxx of the information or opinions contained therein, or that such
information is relevant or admissible.
17. xxxxxx reserves the right to challenge the competency, relevance, materiality and
admissibility of, or to object on any grounds to the use of, any information or materials produced
in response to the Interrogatories in any subsequent proceeding or the trial of this or any other
action.
18. All responses are made on an express reservation of objections as set forth above
and in some instances below, and no response shall be deemed, and specifically is stated not to be,
a waiver of such objection.
19. xxxxxx reserves his right to supplement, update and amend his responses to the
Interrogatories in the future.
SPECIFIC RESPONSES AND OBJECTIONS
INTERROGATORY NO. 1
Identify by name, title, addresses, phone numbers and email addresses, all persons with
knowledge, or who you believe may have knowledge, of the factual allegations and causes of action
and defenses asserted in the Complaint, the Counterclaims, or the Counterclaim-Defendants’
Reply to the Counterclaims, and for each such person identified, state the subject matter of the
information they have or may have.
RESPONSE TO INTERROGATORY NO. 1
xxxxxx incorporates the general objections. xxxxxx objects to this Interrogatory on the
ground that it is prohibited by the Rule 11-a of the Commercial Division of the Supreme Court
which only permits, absent consent of the parties or an order of the Court, interrogatories limited
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to the following topics: “name of witnesses with knowledge of information material and necessary
to the subject matter of the action, computation of each category of damage alleged, and the
existence, custodian, location and general description of material and necessary documents,
including pertinent insurance agreements, and other physical evidence.” See Commercial Division
Rule 11-a.
Subject to the foregoing, the following witnesses may have knowledge of information
material and necessary to the subject matter of this action: xxxxxx xxxxxx, xxxxxxxxxxxx, xxxxxxx
xxxxx, Makan Delrahim, Baharak Amirian, Fariburz (Alfred) Kohan, Henry Hampfer, Feraydoon
Kohan, John Navi, Farideh xxxxxx, Shervin xxxxxx, and Jordan xxxxx.
INTERROGATORY NO. 2
Identify by name, title, addresses, phone numbers and email addresses, all of your relatives who
are or were employed, paid, or compensated in any way, or were provided health coverage,
benefits, or anything of value, by 172 Bargain Liquors, and in each case state what such person
received and when they received it.
RESPONSE TO INTERROGATORY NO. 2
xxxxxx incorporates the general objections. xxxxxx objects to this Interrogatory on the
ground that it is prohibited by the Rule 11-a of the Commercial Division of the Supreme Court
which only permits, absent consent of the parties or an order of the Court, interrogatories limited
to the following topics: “name of witnesses with knowledge of information material and necessary
to the subject matter of the action, computation of each category of damage alleged, and the
existence, custodian, location and general description of material and necessary documents,
including pertinent insurance agreements, and other physical evidence.”
Subject to the foregoing, xxxxxx is not required and declines to set forth a substantive
response to this Interrogatory.
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INTERROGATORY NO. 3
Identify by name, title, addresses, phone numbers and email addresses, each person that Plaintiff
intends to call to testify as an expert witness, and for each such expert state the opinions the expert
will express, the bases for the opinions expressed, and the documents and other information relied
upon for such opinions.
RESPONSE TO INTERROGATORY NO. 3
xxxxxx incorporates the general objections. xxxxxx objects to this Interrogatory on the
grounds that it is premature as discovery is ongoing and xxxxxx has not retained an expert witness
in this action. Once xxxxxx retains an expert witness, he will disclose such witness pursuant to
CPLR §3101(d).
INTERROGATORY NO. 4
Identify, itemize, and describe with particularity (including the individual amounts and the total
of) the damages you seek in this Action.
RESPONSE TO INTERROGATORY NO. 4
xxxxxx incorporates the general objections. xxxxxx objects to this Interrogatory on the
grounds that it is premature as discovery is ongoing.
Subject to the foregoing, xxxxxx seeks equitable relief and an amount to be determined at
trial but believed to be no less than $1,760,000, plus interest, costs and attorneys’ fees.
Dated: Uniondale, New York
December 19, 2022
RUSKIN MOSCOU FALITSCHEK, P.C.
By: /s/ Daniel E. Shapiro
Daniel E. Shapiro
Elizabeth S. Sy
Attorneys for Plaintiff/Counterclaim
Defendant xxxxxx xxxxxx and
Counterclaim-Defendant
172 Bargain Liquors Inc.
1425 RXR Plaza
East Tower, 15th Floor
Uniondale, New York 11556
(516) 663-6600
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TO: KASOWITZ BENSON TORRES LLP
David E. Ross
Attorneys for Defendants/Counterclaim-Plaintiff
1633 Broadway
New York, NY 10019
(212) 506-1700
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Preview
FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 Writer’s Direct Dial: (516) 663-6612 Writer’s Direct Fax: (516) 663-6812 Writer’s E-Mail:esy@rmfpc.com December 19, 2022 By Email David E. Ross, Esq. Kasowitz Benson Torres LLP 1633 Broadway New York, New York 10019 Re: xxxxxx et al. v. xxxxx et al.; Index No. 607197/2022 Dear Mr. Ross, As you know, we represent plaintiff/counterclaim-defendant xxxxxx xxxxxx, individually and derivatively on behalf of Rockville Corp (“xxxxxx”) in the above referenced action. Enclosed please find xxxxxx’s responses and objections to defendant/counterclaim-plaintiff xxxxxxx xxxxx’s First Set of Interrogatories. Additionally, it has just come to our attention that none of the defendants verified their answers to the complaint (See NYSCEF Doc. Nos. 72, 73, and 74). Accordingly, we deem defendants’ answers as nullities pursuant to CPLR § 3022 unless rectified within five (5) business days. Very truly yours, /s/ Elizabeth S. Sy Elizabeth S. Sy For the Firm cc: Daniel E. Shapiro, Esq. Enc. RUSKIN MOSCOU ▼ 1 of 1 425 R X R P laz a, U nio nda le, N Y 115 56 -1 425 10▼ 516. 663. 6600 FALTISCHEK ▼ 2 12. 6 88. 8 300 ▼ F 5 16. 6 63. 66 01 w w w . r mf pc . c o m FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU xxxxxx xxxxxx a/k/a xxxxxxxxxx xxxxxx, individually and derivatively on behalf of ROCKVILLE CORP., Index No.: 607197/2022 Plaintiff, Hon. Sharon M.J. Gianelli -against- PLAINTIFF xxxxxx’S RESPONSES AND xxxxxxx xxxxx, individually and as the OBJECTIONS TO executor of the Estate of xxxx xxxxx, and as COUNTERCLAIM- co-trustee of the disclaimer Trust under PLAINTIFF’S FIRST SET OF Article “Fourth” of the Last Will and INTERROGATORIES Testament of xxxx xxxxx; MAKAN DELRAHIM, as former co-trustee of the disclaimer Trust under Article “Fourth” of the Last Will and Testament of xxxx xxxxx; and BAHARAK AMIRIAN as co-trustee of the disclaimer Trust under the Last Will and Testament of xxxx xxxxx, Defendants, -and- ROCKVILLE CORP. Nominal Defendant. xxxxxxx xxxxx and ROCKVILLE CORP., Counterclaim-Plaintiffs -against- xxxxxx xxxxxx and 172 BARGAIN LIQUORS INC. Counterclaim-Defendants. Counterclaim-Defendant xxxxxx xxxxxx (“xxxxxx”), by his counsel, Ruskin Moscou Faltischek, P.C., responds to the First Set of Interrogatories, dated November 28, 2022 (each an 1 2 of 10 FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 “Interrogatory” and collectively, “Interrogatories”) issued by counterclaim-plaintiff, xxxxxxx xxxxx (“xxxxxxx” or “Counterclaim-Plaintiff”) as follows1: GENERAL OBJECTIONS AND RESERVATIONS The following general objections and reservations apply to each and every Interrogatory, including the “Instructions” and “Definitions” thereto, and shall have the same force and effect as if set forth in full response to each individually numbered Interrogatory. General Objections may be specifically referred to in certain responses for the purposes of clarity; however, the failure to specifically incorporate a General Objection should not be construed as a waiver of same. 1. xxxxxx objects to the Interrogatories to the extent that they purport to impose obligations in excess of those created by the New York Civil Practice Law and Rules and the Commercial Division Rules. 2. xxxxxx objects to the Interrogatories to the extent that they are overbroad, vexatious or seek information irrelevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. 3. xxxxxx objects to the Interrogatories to the extent they call for legal conclusions. 4. xxxxxx objects to the Interrogatories to the extent that they are vague, ambiguous and use undefined terms, or otherwise lack sufficient precision to permit a response. 5. xxxxxx objects to the Interrogatories to the extent they are not limited as to time or refer to a time unrelated to the allegations in this action. 6. xxxxxx objects to the Interrogatories to the extent they are overlapping and duplicative. 1 While the Interrogatories purport to be served on behalf of Rockville Corp. in addition to xxxxxxx, counsel has never been formally retained by Rockville Corp. and xxxxxxx’s counsel, Kasowitz Benson Torres LLP, is without authority Absent xxxxxx’s authorization and consent, as the controlling and majority to represent Rockville Corp. in this action. shareholder of Rockville Corp., that entity cannot retain counsel to represent it in this matter. Therefore, to the extent any of the Interrogatories are purportedly made or issued on behalf of Rockville Corp., they are hereby rejected and will be treated as a nullity herein. 2 3 of 10 FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 7. xxxxxx objects to all categories of information requested in the Interrogatories to the extent they call for information that is privileged or exempt from discovery under the attorney- client communications privilege, work product doctrine (including materials prepared in anticipation of litigation or for trial), joint defense privilege, common interest doctrine, self- evaluating privilege, or other privilege or exemption under applicable law. xxxxxx does not waive, and intends to preserve, any applicable privilege or protection. In the event that any privileged or protected information or document is disclosed by xxxxxx, the disclosure is inadvertent and will not constitute a waiver of any privilege or protection. Further, to the extent that xxxxxx specifically objects to certain Interrogatories on the grounds of privilege but not specifically to other Interrogatories on that ground, this should not be taken as an indication that xxxxxx waives his privilege objection in any instance. 8. xxxxxx objects to the Interrogatories to the extent they seek information that xxxxxxx has in her possession, custody or control or to which she has equal or greater access because they are in the public domain. 9. xxxxxx objects to the Interrogatories to the extent they seek the production of information outside the possession, custody or control of xxxxxx. xxxxxx disclaims any obligation to collect or produce information from any person or entity other than itself. 10. xxxxxx objects to the Interrogatories to the extent they seek information that is unduly burdensome to obtain. 11. xxxxxx objects to the Interrogatories to the extent they purport to require him to perform anything more than a good-faith and diligent search where responsive information reasonably can be expected to be found. Any production by xxxxxx of information will be limited to non-privileged information from reasonably accessible sources where responsive information 3 4 of 10 FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 reasonably can be expected to be found, and in proportion with the scope of discovery in this action. 12. In providing these general objections and specific answers and objections to the Interrogatories, xxxxxx does not in any way waive nor intend to waive, but rather intends to preserve and is preserving: (a) all objections as to competence, relevance, materiality and admissibility of any information that may be produced pursuant to the Interrogatories or the subject matter of any request; (b) all objections as to vagueness, ambiguity and undue burden; (c) all objections to the use of any material of information that may be produced, or the subject matter of any Interrogatory, in any subsequent proceedings, including the hearing of this or any other related or unrelated action, trial, hearing, case or controversy; (d) all objections to any request for further responses to the Interrogatories or any other demand for information, or other discovery requests involving or related to the subject matter of the Interrogatories. 13. xxxxxx objects to the Interrogatories to the extent they seek information that are not in xxxxxx’s possession, custody and control. A response that xxxxxx will produce information responsive to an Interrogatory does not indicate that xxxxxx possesses information responsive to that Interrogatory. 14. xxxxxx’s responses and objections are based upon information presently known to xxxxxx, and are set forth herein without prejudice to xxxxxx’s right to assert additional objections or supplemental responses should xxxxxx discover additional information or grounds for objection. 4 5 of 10 FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 15. Each and every response to the Interrogatories is in no way to be construed as a representation of any legal or factual contention or an adoptive admission of any statement contained in any Interrogatory or adverse pleading. 16. xxxxxx’s production of information in response to the Interrogatories does not constitute an admission by xxxxxx of the information or opinions contained therein, or that such information is relevant or admissible. 17. xxxxxx reserves the right to challenge the competency, relevance, materiality and admissibility of, or to object on any grounds to the use of, any information or materials produced in response to the Interrogatories in any subsequent proceeding or the trial of this or any other action. 18. All responses are made on an express reservation of objections as set forth above and in some instances below, and no response shall be deemed, and specifically is stated not to be, a waiver of such objection. 19. xxxxxx reserves his right to supplement, update and amend his responses to the Interrogatories in the future. SPECIFIC RESPONSES AND OBJECTIONS INTERROGATORY NO. 1 Identify by name, title, addresses, phone numbers and email addresses, all persons with knowledge, or who you believe may have knowledge, of the factual allegations and causes of action and defenses asserted in the Complaint, the Counterclaims, or the Counterclaim-Defendants’ Reply to the Counterclaims, and for each such person identified, state the subject matter of the information they have or may have. RESPONSE TO INTERROGATORY NO. 1 xxxxxx incorporates the general objections. xxxxxx objects to this Interrogatory on the ground that it is prohibited by the Rule 11-a of the Commercial Division of the Supreme Court which only permits, absent consent of the parties or an order of the Court, interrogatories limited 5 6 of 10 FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 to the following topics: “name of witnesses with knowledge of information material and necessary to the subject matter of the action, computation of each category of damage alleged, and the existence, custodian, location and general description of material and necessary documents, including pertinent insurance agreements, and other physical evidence.” See Commercial Division Rule 11-a. Subject to the foregoing, the following witnesses may have knowledge of information material and necessary to the subject matter of this action: xxxxxx xxxxxx, xxxxxxxxxxxx, xxxxxxx xxxxx, Makan Delrahim, Baharak Amirian, Fariburz (Alfred) Kohan, Henry Hampfer, Feraydoon Kohan, John Navi, Farideh xxxxxx, Shervin xxxxxx, and Jordan xxxxx. INTERROGATORY NO. 2 Identify by name, title, addresses, phone numbers and email addresses, all of your relatives who are or were employed, paid, or compensated in any way, or were provided health coverage, benefits, or anything of value, by 172 Bargain Liquors, and in each case state what such person received and when they received it. RESPONSE TO INTERROGATORY NO. 2 xxxxxx incorporates the general objections. xxxxxx objects to this Interrogatory on the ground that it is prohibited by the Rule 11-a of the Commercial Division of the Supreme Court which only permits, absent consent of the parties or an order of the Court, interrogatories limited to the following topics: “name of witnesses with knowledge of information material and necessary to the subject matter of the action, computation of each category of damage alleged, and the existence, custodian, location and general description of material and necessary documents, including pertinent insurance agreements, and other physical evidence.” Subject to the foregoing, xxxxxx is not required and declines to set forth a substantive response to this Interrogatory. 6 7 of 10 FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 INTERROGATORY NO. 3 Identify by name, title, addresses, phone numbers and email addresses, each person that Plaintiff intends to call to testify as an expert witness, and for each such expert state the opinions the expert will express, the bases for the opinions expressed, and the documents and other information relied upon for such opinions. RESPONSE TO INTERROGATORY NO. 3 xxxxxx incorporates the general objections. xxxxxx objects to this Interrogatory on the grounds that it is premature as discovery is ongoing and xxxxxx has not retained an expert witness in this action. Once xxxxxx retains an expert witness, he will disclose such witness pursuant to CPLR §3101(d). INTERROGATORY NO. 4 Identify, itemize, and describe with particularity (including the individual amounts and the total of) the damages you seek in this Action. RESPONSE TO INTERROGATORY NO. 4 xxxxxx incorporates the general objections. xxxxxx objects to this Interrogatory on the grounds that it is premature as discovery is ongoing. Subject to the foregoing, xxxxxx seeks equitable relief and an amount to be determined at trial but believed to be no less than $1,760,000, plus interest, costs and attorneys’ fees. Dated: Uniondale, New York December 19, 2022 RUSKIN MOSCOU FALITSCHEK, P.C. By: /s/ Daniel E. Shapiro Daniel E. Shapiro Elizabeth S. Sy Attorneys for Plaintiff/Counterclaim Defendant xxxxxx xxxxxx and Counterclaim-Defendant 172 Bargain Liquors Inc. 1425 RXR Plaza East Tower, 15th Floor Uniondale, New York 11556 (516) 663-6600 7 8 of 10 FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 TO: KASOWITZ BENSON TORRES LLP David E. Ross Attorneys for Defendants/Counterclaim-Plaintiff 1633 Broadway New York, NY 10019 (212) 506-1700 8 9 of 10 FILED: NASSAU COUNTY CLERK 12/19/2022 09:09 PM INDEX NO. 607197/2022 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/19/2022 10 of 10