On April 27, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Christopher Smith,
Michael Smith As Trustees,
Of The Jay And Patricia Smith Irrevocable Trust,
and
Estate Of Theodore P Smith
By Executor,
Smith Jane Anna
As Executor,
Smith J Anna
As Trustee,
Theodore P. Smith Income Only Irrevocable Trust,
for Special Proceedings - Other (RPAPL Section 901 et al)
in the District Court of Herkimer County.
Preview
FILED: HERKIMER COUNTY CLERK 04/28/2021 01:23 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/28/2021
EXHIBIT B
FILED: HERKIMER COUNTY CLERK 04/28/2021 01:23 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/28/2021
James Lapios
From: James Lagios
Sent: Tuesday, April27, 2021 3:27 PM
Brody'
To: 'Smith,
Cc: Pautz, Daniel
Subject: RE: Smith Trust vs Smith Trust - Ace of Diamonds Mine
Categories: DM, #2257220 : 898019 : 1
ProfileOnSend: 1
Dear Brody,
I writeto confirm our telephone conversation which began at appr0xirñately 2:18 pm (approximately 3 minutes after
your email) where I explained to you at length why your client's proposed request for a TRO lacked merit and was being
brought for inapprapriate purposes under the facts and circumstances of this case.
I would respectfully ask you one lasttime to refrain from seeking a temporary restraining order in connection with your
Order to Show Cause. Your client would not be irreparably harmed in any way by the continued operation of Ace of
Diamonds (which has been in business at thislocation for decades) during the pendency of this litigation.
Thank you.
JPL
Please note to reduce the quantity of paper coming into our offices during the Coronavirus crisiswhen our staff is
working remotely, we request that allccmmu±ations with this office should be through electronic means. Your
cooperation isapprêciated.
James Lagios
Partner
66 South Pearl Street, 11th Fl.
Albany, NY 12207
D 518.641.7052 T 518.462.3000 F 518.462.4199
James.Lagios@rivkin.com
www.rivkinradler.com
Follow Rivkin Rounds for Health Law Undates
From: Smith, Brody
Sent: Tuesday, April 27, 2021 2:14 PM
To: James Lagios
Cc: Pautz, Daniel
Subject: Smith Trust vs Smith Trust - Ace of Diamonds Mine
[EXTERNAL]
1
FILED: HERKIMER COUNTY CLERK 04/28/2021 01:23 PM INDEX NO. EF2021-108166
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/28/2021
Mr. Lagios,
We represent the Jay and Patricia Smith Irrevocable Trust. Attached is an action for partition
that my client will be filing today. Included in the papers is an order to show cause seeking a
TRO and preliminary injunction. Please call me if you have any questions.
Sincerely, .
Brody Smith
Brody Smith
Member
Property
315.218.8225 Direct
315.218.8925 Fax
bsmith@bsk.com
BA
BONDianeåNE
One Oncoln Center,Syracuse,NY 13202-1355
This email is ONLYfor the person(s) named in the messageheader. Unlessotherwise indicated, it contains information that is confidentid,
privileged or exempt from disclosure
under applicable law. If you have received It in error, please notify the sender of the error and delete the message.
2
Document Filed Date
April 28, 2021
Case Filing Date
April 27, 2021
Category
Special Proceedings - Other (RPAPL Section 901 et al)
Status
Disposed-Court Date/Application Pending
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Preview
FILED: HERKIMER COUNTY CLERK 04/28/2021 01:23 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/28/2021 EXHIBIT B FILED: HERKIMER COUNTY CLERK 04/28/2021 01:23 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/28/2021 James Lapios From: James Lagios Sent: Tuesday, April27, 2021 3:27 PM Brody' To: 'Smith, Cc: Pautz, Daniel Subject: RE: Smith Trust vs Smith Trust - Ace of Diamonds Mine Categories: DM, #2257220 : 898019 : 1 ProfileOnSend: 1 Dear Brody, I writeto confirm our telephone conversation which began at appr0xirñately 2:18 pm (approximately 3 minutes after your email) where I explained to you at length why your client's proposed request for a TRO lacked merit and was being brought for inapprapriate purposes under the facts and circumstances of this case. I would respectfully ask you one lasttime to refrain from seeking a temporary restraining order in connection with your Order to Show Cause. Your client would not be irreparably harmed in any way by the continued operation of Ace of Diamonds (which has been in business at thislocation for decades) during the pendency of this litigation. Thank you. JPL Please note to reduce the quantity of paper coming into our offices during the Coronavirus crisiswhen our staff is working remotely, we request that allccmmu±ations with this office should be through electronic means. Your cooperation isapprêciated. James Lagios Partner 66 South Pearl Street, 11th Fl. Albany, NY 12207 D 518.641.7052 T 518.462.3000 F 518.462.4199 James.Lagios@rivkin.com www.rivkinradler.com Follow Rivkin Rounds for Health Law Undates From: Smith, Brody Sent: Tuesday, April 27, 2021 2:14 PM To: James Lagios Cc: Pautz, Daniel Subject: Smith Trust vs Smith Trust - Ace of Diamonds Mine [EXTERNAL] 1 FILED: HERKIMER COUNTY CLERK 04/28/2021 01:23 PM INDEX NO. EF2021-108166 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/28/2021 Mr. Lagios, We represent the Jay and Patricia Smith Irrevocable Trust. Attached is an action for partition that my client will be filing today. Included in the papers is an order to show cause seeking a TRO and preliminary injunction. Please call me if you have any questions. Sincerely, . Brody Smith Brody Smith Member Property 315.218.8225 Direct 315.218.8925 Fax bsmith@bsk.com BA BONDianeåNE One Oncoln Center,Syracuse,NY 13202-1355 This email is ONLYfor the person(s) named in the messageheader. Unlessotherwise indicated, it contains information that is confidentid, privileged or exempt from disclosure under applicable law. If you have received It in error, please notify the sender of the error and delete the message. 2