Preview
FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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GENE D. VILLANI, JR., RESPONSE TO PLAINTIFF’S
COMBINED DEMANDS
Plaintiff,
- against -
Index No.: 611534/2022
JKK RESTAURANTS LLC, 111 BROADWAY
PROPERTY, LLC, 111 WEST BROAWAY CORP.,
KULWANT SINGH WADHWA, KIRAN BALA
GUPTA, ETHAN LADD, JOHN DOE 1, JOHN DOE 2,
JOHN DOE 3, JOHN DOE 4,
Defendants.
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COUNSELLORS:
Defendants, 111 BROADWAY PROPERTY, LLLC and 111 BROADWAY PROPERTY
LLC i/s/h/a 111 WEST BROADWAY CORP., by their attorneys, McGaw & Alventosa, responds
to Plaintiff’s Combined Demands as follows:
1. Defendants are not in possession, custody and/or control of any photographs and/or
any diagrams depicting the location of the incident; and/or any of the parties and/or
instrumentalities involved in the incident.
2. Defendants are not in possession, custody and/or control of any governmental or
municipal document filed by any party in connection with the within incident and/or Plaintiff.
3. Defendants are not in possession, custody and/or control of any police reports,
accident reports, and investigative reports prepared within the regular course of business, in
connection with the incident.
4. Defendants are not in possession, custody and/or control of any written reports
prepared by Defendants or any of its employees, agents or servants within the regular course of
business operations or practices concerning the incident referenced in the Complaint.
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5. Defendants are not in possession, custody and/or control of any statement given by
or on behalf of the Plaintiff.
6. Defendants are not in possession, custody and/or control of any written statements
of the Plaintiff, whether signed or unsigned.
7. At this time, defendants are not aware of any excess or additional insurance policies
which may be used to satisfy a judgment against the Defendants.
8. Defendants are not in possession, custody and/or control of any ticket/summons
issued at the scene of the incident or in connection with this incident.
9. Defendants are not in possession, custody and/or control of any statements given
by or on behalf of the Defendants or any party in connection with the accident.
10. Defendants are not in possession, custody and/or control of any statements given
by or on behalf of or taken from any witness to the incident or injuries.
11. Depositions in this matter have not yet been scheduled.
12. Defendants are not in possession, custody and/or control of any documents of
Defendant related to Suffolk County Indictment #00871-2001.
13. Defendants are not in possession, custody and/or control of any ISO searches and
reports performed regarding the Plaintiff.
14. Defendants are not in possession, custody and/or control of any films, videotapes
and audio copies, including transcripts of memoranda thereof, and color reproductions of all
photographs taken of the scene of the incident.
15. Defendants are not in possession, custody and/or control of any films, recordings,
videotapes and audio copies, including transcripts of memoranda, and color reproductions of all
photographs depicting the location of the incident and/or the injuries sustained by Plaintiff.
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16. Defendants are not in possession, custody and/or control of any surveillance video
from the premises located at 111 West Broadway, Port Jefferson, New York 11777 also known as
Seghar on June 18, 2021 and June 19, 2021.
17. Defendants are not in possession, custody and/or control of any video from other
sources taken in or around the premises located at 111 West Broadway, Port Jefferson, NY 11777,
known as Seghar on June 18, 2021, and June 19, 2021.
18. Defendants are not in possession, custody and/or control of any and all prior
lawsuits of any Defendant in this lawsuit.
19. Defendants are not in possession, custody and/or control of any and all prior
criminal convictions of any Defendant in this lawsuit.
20. Defendants are not in possession, custody and/or control of any and all
incident/accident reports, police reports, complaints, tickets, summonses, citations, notes, letters,
lawsuits, and any and all other documents regarding any event occurring on the Defendants’
property involving alcohol, the serving of alcohol on the incident premise, the purchase of alcohol
stored in the instant premise and the consumption of alcohol on the incident premise.
21. Defendants are not in possession, custody and/or control of any incident/accident
reports, police reports, arrest reports, complaints, tickets, summonses, citations, notes, letters,
lawsuits, and any and all other documents regarding prior or subsequent intentional acts, assaults,
batteries, physical altercations, fights or negligently inflicted bodily injuries.
22. Defendants are not in possession, custody and/or control of any licenses and/or
contracts or agreements held by any Defendant with respect to the furnishing of liquor, alcohol or
other intoxicating beverages.
23. Attached please find a copy of the lease agreement between defendants, 111
Broadway Property LLC and JKK Restaurants, LLC.
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24. Defendants are not in possession, custody and/or control of any ticket/summons
issued to any Defendant for any violation of state or local law or building code violations from
2016 to the present.
25. Defendants are not in possession, custody and/or control of any lawsuit or claim
asserted against any defendant from 2016 forward.
26. Defendants are not in possession, custody and/or control of any statements given
by or on behalf of any Defendant or any party in connection with the relevant incident.
27. Defendants are not in possession, custody and/or control of any non-privileged
emails, text messages, Facebook messages, social medial messages, tweets, statements, from any
party to this action, which relates to this action.
28. Defendants are unaware of the identity of any eyewitnesses to the occurrence and/or
condition which gives rise to this lawsuit.
29. Defendants are unaware of the identity of any witnesses known to have firsthand
knowledge of the occurrence and/or condition which gives rise to this lawsuit.
30. Defendants are unaware of the identity of any fact witnesses to the occurrence
and/or condition which gives rise to this lawsuit.
31. At this time, defendants are not in the possession, custody and/or control of any
witnesses that Defendants may call on the issue of the Plaintiff’s claimed damages.
32. Defendants are not in possession, custody and/or control of any individuals claimed
to have witnessed the occurrence of cause of, or inception of the incident and/or the Plaintiff’s
injuries.
33. A search is presently being conducted for the records requested and will be provided
under a separate cover if they exist.
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34. Defendants are not in possession, custody and/or control of any statement by a
person with actual knowledge of the facts setting forth the number of claims made against the
defendants during the applicable policy period and the amount sought in each such claim.
35. Defendants are not in possession, custody and/or control of any statement by a
person with actual knowledge of the sum totals paid out against all of the foregoing policies.
36. Defendants object to this demand as it is overly broad and unduly burdensome.
Documents requested are in plaintiff’s possession.
37. Defendants are not in possession, custody and/or control of any policies and
procedures in effect on the date of the incident regarding the cleaning and maintenance of each
Defendant’s property.
38. Defendants are not in possession, custody and/or control of any employee roster of
June 18, 2021, and June 19, 2021, of Seghar employees.
39. Defendants are not in possession, custody and/or control of any employee
timesheets of June 18, 2021, and June 19, 2021, of Seghar employees.
40. Defendants are not in possession, custody and/or control of any time schedules of
employees for June 18, 2021, and June 19, 2021, of Seghar.
41. Defendants are not in possession, custody and/or control of payroll records related
to June 18, 2021, and June 19, 2021 of Seghar employees.
42. Defendants are not in possession, custody and/or control of memorandum,
including receipts, credit card receipts or any other documentation pertaining to purchases made
at Seghar on June 18, 2021, and June 19, 2021, by Ethan Ladd.
43. Defendants are not in possession, custody and/or control of memorandum,
including receipts, credit card receipts or any other documentation pertaining to purchases made
at Seghar on June 18, 2021, and June 19, 2021, by Plaintiff.
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44. Defendants are not in possession, custody and/or control of all electronic ordering
receipts for all food and beverage orders placed by or on behalf of JKK Restaurants LLC and/or
Seghar and/or Curry Club on June 18, 2021, and June 19, 2021.
45. Defendants are not in possession, custody and/or control of all memorialization’s
in whatever form they may exist, including electronic data, meta-data, and electronically
embedded data related to food and drink transactions and/or purchases at JKK Restaurants, LLC
and/or Seghar and/or Curry Club on June 18, 2021, and June 19, 2021.
46. Defendants are not in possession, custody and/or control of all credit card, cash,
payment receipts or other documents for any charges made by defendant, Ethan Ladd, on June 18,
2021, and June 19, 2021.
47. Defendants are not in possession, custody and/or control of all credit card, cash,
payment receipts or other documents for payment of any alcoholic beverages purchased by
Defendant, Ethan Ladd, on June 18, 2021, and June 19, 2021.
48. Defendants are not in possession, custody and/or control of any copies of all gun
and pistol licenses issued to any Defendant prior to June 19, 2021.
49. Defendants are not in possession, custody and/or control of any property receipts
issued to any Defendant by the Suffolk County Police Department in connection with this action.
50. Not applicable to these Defendants.
51. Defendants are not in possession, custody and/or control of any identification
documents purporting to be Ethan Ladd or used by Ethan Ladd, including a “fake id”.
52. Defendants are not in possession, custody and/or control of any receipts and/or
contracts regarding the purchase or sale of alcoholic beverages.
53. Defendants are not in possession, custody and/or control of all notices from the
New York State Liquor Authority between 2020 and present.
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54. Defendants are not in possession, custody and/or control of all documentation and
correspondence related to the New York State liquor authority.
55. Defendants are not in possession, custody and/or control of any Bartender training
manuals.
56. Defendants are not in possession, custody and/or control of any written procedures
related to the serving of alcohol beverages at Seghar from 2020 through present.
57. Defendants are not in possession, custody and/or control of any Employee
handbooks prepared by or on behalf of Defendants between 2020 and present.
58. Defendants are not in possession, custody and/or control of any contracts between
JKK Restaurants, LLC and/or Seghar and/or Curry Club at Seghar and any persons employed at
Seghar between 2020 to present.
59. Attached please find the lease agreement.
60. Defendants are not in possession, custody and/or control of any alcoholic vender
contracts.
61. Defendants are not in possession, custody and/or control of any invoices, purchase
agreements, receipts, contracts or any other documents related to Defendant’s purchase of alcohol.
62. Defendants are not in possession, custody and/or control of any records related to
the dispensing of alcohol at JKK Restaurants, LLC and/or Seghar and/or Curry Club at Seghar on
June 18, 2021, and June 19, 2021.
63. Defendants are not in possession, custody and/or control of any citations,
summonses, violations and/or tickets issued to any Defendant by the State of New York.
64. Defendants are not in possession, custody and/or control of any citations,
summonses, violations and/or tickets issued to any Defendant by the New York State Liquor
Authority.
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65. Defendants are not in possession, custody and/or control of any citations,
summonses, violations and/or tickets issued to any Defendant by the County of Suffolk.
66. Defendants are not in possession, custody and/or control of any citations,
summonses, violations and/or tickets issued to any Defendant by the Village of Port Jefferson.
67. Defendant objects to this demand.
68. A search is presently being conducted for the records requested and will be provided
under a separate cover if they exist.
69. Please see the attached.
DEMAND FOR EXPERT WITNESS INFORMATION
Defendants have not yet retained the services of an expert with regard to the above-
referenced matter. Should experts be retained, their names and qualifications will be supplied to
all parties under a separate cover.
DEMAND FOR STATEMENTS
Defendants are not in possession, custody and/or control of any statements made by the Plaintiff
regarding the incident.
DEMAND FOR INSURANCE INFORMATION
Defendants were afforded a policy of liability insurance with Blackboard Insurance
Company under policy number MORSTAN00001HIBP-36970-02 with policy limits of
$1,000,000 per occurrence and $2,000,000 aggregate.
DEMAND FOR PHOTOGRAPHS & FILMS
Defendants are not in possession, custody and/or control of any photographs, surveillance
materials of the Plaintiff, and/or the accident/incident.
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023
Defendants reserve the right to supplement and/or amend their responses to these demands
up to and including the time of trial upon the receipt of additional documents and/or information.
Dated: Jericho, New York
January 27, 2023
Yours, etc.,
McGAW & ALVENTOSA
Attorneys for Defendants
111 BROADWAY PROPERTY, LLC and
111 BROADWAY PROPERTY LLC
i/s/h/a 111 WEST BROADWAY CORP.
By: Neil L. Coscio, Esq.
One Jericho Plaza, Floor 2, Wing A
Jericho, New York 11753
(516) 932-2900
Our File No.: NYJE-18706
TO: LAW OFFICE OF RUDOLPH F.X. MIGLIORE, P.C.
Attorneys for Plaintiff
GENE D. VILLANI, JR.
353 Veterans Memorial Highway, Suite 200
Commack, New York 11725
Rudolph J. Migliore, Esq.
(631) 543-3663
rjm@migliorelaw.com
O’TOOLE SCRIVO, LLC
Attorneys for Defendant
JKK RESTAURANTS LLC (i/s/h/a “JKK
RESTAURANTS LLC, KULWANT SINGH WADHWA,
and KIRAN BALA GUPTA”)
14 Village Park Road
Cedar Grove, New Jersey 07009
Maggie Delany, Esq.
(973) 239-5700
mdelany@oslaw.com
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HAGELIN SPENCER LLC
Attorneys for Co-Defendant
ETHAN LADD
35 Journal Square, Suite 1030
Jersey City, New Jersey 07306
Sean M. Spencer, Esq.
(201) 653-3500
spencer@hagelinspencer.com
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--Lease,Sminess Premises. Juuus stunns.nc.INC.. LAWeLANK PUBLg$HEAS
NYSCEF DOC. NO.
Loth 42
Ofheor Storm me RECEIVED NYSCEF: 01/27/2023
made the day of 20 2O . between
111 BROADWAY PROPERTY, LLC
415 Pond Path, East Setauket, NY 11733
bereinafterreferred to as LANDLORD, and
JKK RESTAURANTS, LLC
111 West Broadway, Port Jefferson, NY 11777
hereloafterjointly,severally and collectivelyreferred to as TENANT.
tittgnttR, that the Landlord hereby leasesto the Tenant, and the Tenant hires
hereby and takes
from the Landlord the restaurant (and
facility environs)
in the building known as 111 West Port NY 11777
Broadway, Jefferson,
to be used and occupied by the Tenant
as a bar/restaurant with attendant office and storage use as be permitted
may
under applicable municipal codes
and for no other purpose, for a term to commence on and to end
on January 31, , unless sooner terminated as hereinafter at
2046 provided, the ÂNNUAL RENT of
SEE RIDER Xt0(XQg½MXXXXMXXXXXXXXO MMXXXXEXM©fEMX¾XX AXXXMXMfe
TO LEASE for monthly/annual rents and additional rents (thisisa Triple Net and
Lease)
commencement>of Lease Term
allpayable in equal monthly instalments in advance on the firstday of each and calendar month
every duringsaid term,
except the first
instalment, which shall be paid upon the execution hereot
THE TENANT JOINTLY AND SEVERALLY COVENANTS:
FIRST.-That the Tenant willpay therent as above provided.
REPAIA$ SECOND-That, throughout said term the Tenant willtake good care ofthe demised premises,fixtures and appur.
tenances,and allalterations,additions and improvements to either; make allrepairs in and about thesame necessary to
preserve them ingood orderand condition,which repairs shallbe, inqualityand equalto the
class, originalwork: promptly
pay the expense of such repairs;suffer no waste or injury; give prompt notlee to the Landlord of
ORDINANCES any firethat may
occur; execute and comply with all laws,rules,orders, ordinances and regulationsat time issuedor
any in force (except
ND3 those requiringstructural alterations),applicable tothe demised premises or to the Tenant's occupation thereof,of the
Federal, State and Local Governments, and of each and department, bureau and
every official thereof, and
ofthe New York Board of Fire Underwriters; permit at alltimes usual business repre-
ENW during hours, the Landlord and
sentativesof the Londlord toenter the demised premises for the purpose of and toexhibit
inspection, them for purposes
of saleor rental; suffer the Landlord tomalte repairsand improvements to allparts ofthe building,and tocomply with
allorders and requirements ofgovernmental authority applicable tosaid or to occupation
building any thereofI sufferthe
Landlord to erect,use,maintain, repair and replace pipesand conduftsin the demised premises and the
. below to floorsabove and
; foreverindemnify and save harmless the Landlord for and against any and all liability,
INDEMNEY and judgments penalties,damages, expenses
LANDLORD arisingfrom injury during said term toperson or property of any occasioned or
act or nature, wholly inpart by
any acts, omisSlon or Omissionsof the Tenant, or of the employees, guests, assigns
agents, or undertenants of the
Tenant and also for any matter or thinggrowing out of the occupationof the demised premises or ofthe sidewalks
streets,
or vaults adjacent thereto;permit, during thesix months next prior to the expirationof Let"
the term the usual notice"To
to be placed and toremain unmolested ina conspicuous place upon the exterior of the demised premises; repair,at or
before the end of the term,all injurydone by the or
Installation removal of furnitureand property; and at theend of the
term, to quit and surrender the demised premises with all additions and
alterations, improvements In good order and
condition.
THIRD -That the Tenant will not disfigureordeface part ofthe or
M N any building, sufferthe same to be done,except
so far as may be necessary to athX such trade fixturesas are herein consented to by the Landlord; the Tenant willnot
$URRENoER obstruct,or permit the obstruction of the streetor the sidewalk adjacent thereto; willnot do anything, or sufferanythlug
to be done upon the dernisedpremises which willincrease the rate of fireinsurance upon the building or any of itscon-
tents,or be liableto cause structuralinjury to said will not
building; permit the accumulation ofwaste or refusematter,
and will not,without the written consent ofthe Landlord firstobtained ineach
NEGATIVE case, eithersell,
assign,mortgage or transfer
this leaSe,underlet the dernised premises or any part permit the
COYENANTS thereof, same or any part thereof to be occupied by
nnybody other than the Tenant and the Tenant's employees make any alterations in the demised premises, use the
demised premises or any part thereof for any purpose other than the one first above stipulated, or for any purpose
deemed extrahazardous on account of fire
risk,nor in violationof law or
niau O any ordinance.That theTenant will notobstruct
or permit the obstructionof the light,halls, or entrances
stairway to the building,and will not erector inscribe
signalsor advertisements unless and untilthe styleand location any sign,
thereof have been approved by the Landlord; and If
be erectedor inscribed without.such the any
approval, Landlord may remove thesame. No water cooler, afr unit
IDITIONING or system Or other apparatus shall be installed conditioning
or used without theprior written consent ofLandlord.
IT IS MUTUALLY COVENANTED AND AGREED, THAT
FOURTH.-If thedemised premises shallbe partially
damaged by fire
or other
Tenant's servants,employees, cause withoutthe faultor neglectof Tenant,
agents,visitorsor the
licensees, damages shall b
be repaired and at the expenseof
rent until
such repairsshallbe made shall
be apportioned to the Landlord a,nd the .
if such partial
damage la according partof thedemise premiseswhich isusa.ble
by Tenant.But
due tothe faultor neglectof Tenant. Tenant'sservants.
prejudiceto any other rightsand rernediesof employees,agents,visitors
or licensees,
without
the Landlord and without prejudice tothe rightsof subrogationof Landlord's
damages shallbe repairedby Landlord but there shallbe no or insurer,
reasonable delaywhich arise apportionment abatement of rent.No penaltyshallaccrue for
may by reason of adjustment of insuranceon the partof Landlordand/or for
delay on accountof "labortroubles",or any othercause Tenant, and reasonable
IRE CLAUSE or arerendered beyond Landlord's control.
If the demised premises are totally
damaged
wholly untenantableby fireorother cause,and ifLandlord shalldecidenotto restoreor
ifthe buildin shallbe so damaged thatLandlord not torebuildthe same, or
shalldecide todemolish itor torebuIldit,then orin any of suchevents Land-
lordmay, wit inninety (90)days aftersuch fireorother cause,give Tenant in
be given as inParagraph Twelve anotice writingofsuch decision,
which noticeshall
hereofprovided,and thereupon the term ofthisleaseshallexpire lapseof
day aftersuch noticeis given,and Tenant shallvacate the by timeupon the third
not be indefaultunder demised premises and surrenderthe same to Landlord. ItTenant shall
this leasethen,upon thetermination ofthis leaseunder the conditionsprovided
inediatelyprecedin, Tenant's liability
for rent shallcease for in the sentenceim-
the as ofthe day followingthe casualty.Tenant hereby expresslywaives
provisionsof ection327 ofthe heat Property Law and agrees that the provisions
controlInIleu thereof.
Ifthe damage ordestructionbe due foregoing of thisArticleshallgovern and
the tothe faultor neglectofTenant the debrisshallbe removed by,and at
expense of, Tenant.
FIFTH.-If thewhole or any part ofthe premises erebydemised shall be takenor
EMINENT forany publicuse orpurposethen the term condemned by any competent authority
DOMAIN hereby grante shall cease fromthe time when possessionof thepart so taken be
required forsuch publicpurpose and without apportionment ofaward, the Tenant shall
claim toany such award, thecurrent hereby assigningto the Landlord allrightand
rent, however,in such case tobe apportioned.
SIXTH.-If, beforethe commencement of the term.the Tenant be adjudicateda or assignment,"
LIEASENOT or takethe benent ofany insolventact.or fta Receiver or bankrupt, make a *'general
IN EFFECT estate Trustee be appointedfor the Tenant'sproperty,or ifthisfease orthe
of theTenant hereunder be transferredorpass to ordevolve upon any otherperson or
defaultinthe performance ofany agreement corporation,orif the Tenant shall
by the Tenant containedin an otherlense tothe Tenant by the Landlord or
corporationofwhich an officer
of theLandlord is aDirector,thisleaseshal thereby,at theoption by any
and In thatcase, neither
the Tenant ofthe Landlord, be terminated
DEFAULT5 noranybody claimingunder the Tenant shallbe entitledto o into possession
of the
premises.Itafterthe commencement ofthe term,any of theevents mentioned demised
shallmake defaultin above In thissubd visionshall occur,or if Tenant
rent" fulalling
any of the covenantsofthislease,other than thecovenants for thepayment ofrent or
or ifthe demised premisesbecome vacant or deserted.
the Landlord giveto the days' "additional
end theterm of thislease,and may
days' Tenant ten notice ofintentionto
thereupon atthe expirationofsaid ten (ifsaidconditionwhleh was thebasis of
shallcontinueto exist)theterm under thislease shall
expireas fullyand It said notice
TEN DAY. oxed for the expirationof completelyas thatday were the datehereindefinitely
the term and theTenant wlu then quitand surrenderthe demised premisesto the
NOTICE Tenant shallremain liableas hereinatterprovided. Landlord,but the
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023
It the Tenant shallmake in thepayment of therent reserved or item of "additionalrent" herein
5-PO$$ESSION default hereunder, any
iY LANDLORD mentioned,or any part of eitherorIn making any other payment herein providedfor,or ifthenoticelast aboveprovided
days' forshall
have been givenand ittheconditionwhich was the basisof saidnotice shallexistat the expirationof saidten period,the
Landlord may immediately, or atany time re-enter
thereafter, the demised premises and remove all persons and all or any
property therefrom,eitherby summary dispossessproceedings,or by any suitableaction or proceedingat law, or by force or
otherwise,without beingliableto indictment,prosecutionor damages therefor,and re-possessand saidpremises
enjoy **terminated"together
RE-LETTING with all additions,alterations
and improvements, In any such case or in the event thatthis leasebe before the
commencement of the term,as above provided,the Landlord may eitherre-letthedemised premisesor any partor partsthereoffor
the Landlord's own account, or may, at the Landlord'soption,re-letthe demised premises or any part or partsthereof as the
agent ofthe Tenant,and receive
the rentstherefor,applyingthe same ficattothe payment of suchexpenses as the Landlord may
have incurred,and then tothe fumitment ofthe covenantsof the Tenant herein,and the balance,If any,at the expirationof the
term firstabove providedfor,shallbe paid to theTenant, Landlord may rent thepremises fora term extending beyond theterm
hereby granted without
"Sixth'' releasingTenant from any liability.
In theevent that the term of thisleaseshallexpire as above inthis
WAlvER subdivision provided,or terminate by summary proceedingsor otherwise,and ifthe Landlord shallnotre-letthe demised
BY TENANT premises for theLandlord's own account,then,whether or notthe premises be re-let,
the Tenantshallremain liablefor,and the
Tenant bereby agrees to pay to theLandlord, untilthe time when this lease rent"
would have expired but for such termination or
expiration,the equivalentof the amount of all of therent and "additional reserved heretn,lessthe avails of reletting,
ifany, and the same shall be due and payable by theTenant to theLandlord on the severalrent days above that
specified, is,
upon each of such rent days the Tenant shallpay to the Landlord the amount of deficienev
then existing.The Tenant hereby
ex resslywaives any and all rightofredemption in case theTenant shallbe dispossessedby judgment or warrant ofany court or
e, andthe Tenant waives and willwaiveall righttotrialby juryin"re-enter"
any summary proceedings
"re-entry" hereafterinstituted
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FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------X GENE D. VILLANI, JR., RESPONSE TO PLAINTIFF’S COMBINED DEMANDS Plaintiff, - against - Index No.: 611534/2022 JKK RESTAURANTS LLC, 111 BROADWAY PROPERTY, LLC, 111 WEST BROAWAY CORP., KULWANT SINGH WADHWA, KIRAN BALA GUPTA, ETHAN LADD, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, Defendants. ------------------------------------------------------------------X COUNSELLORS: Defendants, 111 BROADWAY PROPERTY, LLLC and 111 BROADWAY PROPERTY LLC i/s/h/a 111 WEST BROADWAY CORP., by their attorneys, McGaw & Alventosa, responds to Plaintiff’s Combined Demands as follows: 1. Defendants are not in possession, custody and/or control of any photographs and/or any diagrams depicting the location of the incident; and/or any of the parties and/or instrumentalities involved in the incident. 2. Defendants are not in possession, custody and/or control of any governmental or municipal document filed by any party in connection with the within incident and/or Plaintiff. 3. Defendants are not in possession, custody and/or control of any police reports, accident reports, and investigative reports prepared within the regular course of business, in connection with the incident. 4. Defendants are not in possession, custody and/or control of any written reports prepared by Defendants or any of its employees, agents or servants within the regular course of business operations or practices concerning the incident referenced in the Complaint. 1 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 5. Defendants are not in possession, custody and/or control of any statement given by or on behalf of the Plaintiff. 6. Defendants are not in possession, custody and/or control of any written statements of the Plaintiff, whether signed or unsigned. 7. At this time, defendants are not aware of any excess or additional insurance policies which may be used to satisfy a judgment against the Defendants. 8. Defendants are not in possession, custody and/or control of any ticket/summons issued at the scene of the incident or in connection with this incident. 9. Defendants are not in possession, custody and/or control of any statements given by or on behalf of the Defendants or any party in connection with the accident. 10. Defendants are not in possession, custody and/or control of any statements given by or on behalf of or taken from any witness to the incident or injuries. 11. Depositions in this matter have not yet been scheduled. 12. Defendants are not in possession, custody and/or control of any documents of Defendant related to Suffolk County Indictment #00871-2001. 13. Defendants are not in possession, custody and/or control of any ISO searches and reports performed regarding the Plaintiff. 14. Defendants are not in possession, custody and/or control of any films, videotapes and audio copies, including transcripts of memoranda thereof, and color reproductions of all photographs taken of the scene of the incident. 15. Defendants are not in possession, custody and/or control of any films, recordings, videotapes and audio copies, including transcripts of memoranda, and color reproductions of all photographs depicting the location of the incident and/or the injuries sustained by Plaintiff. 2 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 16. Defendants are not in possession, custody and/or control of any surveillance video from the premises located at 111 West Broadway, Port Jefferson, New York 11777 also known as Seghar on June 18, 2021 and June 19, 2021. 17. Defendants are not in possession, custody and/or control of any video from other sources taken in or around the premises located at 111 West Broadway, Port Jefferson, NY 11777, known as Seghar on June 18, 2021, and June 19, 2021. 18. Defendants are not in possession, custody and/or control of any and all prior lawsuits of any Defendant in this lawsuit. 19. Defendants are not in possession, custody and/or control of any and all prior criminal convictions of any Defendant in this lawsuit. 20. Defendants are not in possession, custody and/or control of any and all incident/accident reports, police reports, complaints, tickets, summonses, citations, notes, letters, lawsuits, and any and all other documents regarding any event occurring on the Defendants’ property involving alcohol, the serving of alcohol on the incident premise, the purchase of alcohol stored in the instant premise and the consumption of alcohol on the incident premise. 21. Defendants are not in possession, custody and/or control of any incident/accident reports, police reports, arrest reports, complaints, tickets, summonses, citations, notes, letters, lawsuits, and any and all other documents regarding prior or subsequent intentional acts, assaults, batteries, physical altercations, fights or negligently inflicted bodily injuries. 22. Defendants are not in possession, custody and/or control of any licenses and/or contracts or agreements held by any Defendant with respect to the furnishing of liquor, alcohol or other intoxicating beverages. 23. Attached please find a copy of the lease agreement between defendants, 111 Broadway Property LLC and JKK Restaurants, LLC. 3 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 24. Defendants are not in possession, custody and/or control of any ticket/summons issued to any Defendant for any violation of state or local law or building code violations from 2016 to the present. 25. Defendants are not in possession, custody and/or control of any lawsuit or claim asserted against any defendant from 2016 forward. 26. Defendants are not in possession, custody and/or control of any statements given by or on behalf of any Defendant or any party in connection with the relevant incident. 27. Defendants are not in possession, custody and/or control of any non-privileged emails, text messages, Facebook messages, social medial messages, tweets, statements, from any party to this action, which relates to this action. 28. Defendants are unaware of the identity of any eyewitnesses to the occurrence and/or condition which gives rise to this lawsuit. 29. Defendants are unaware of the identity of any witnesses known to have firsthand knowledge of the occurrence and/or condition which gives rise to this lawsuit. 30. Defendants are unaware of the identity of any fact witnesses to the occurrence and/or condition which gives rise to this lawsuit. 31. At this time, defendants are not in the possession, custody and/or control of any witnesses that Defendants may call on the issue of the Plaintiff’s claimed damages. 32. Defendants are not in possession, custody and/or control of any individuals claimed to have witnessed the occurrence of cause of, or inception of the incident and/or the Plaintiff’s injuries. 33. A search is presently being conducted for the records requested and will be provided under a separate cover if they exist. 4 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 34. Defendants are not in possession, custody and/or control of any statement by a person with actual knowledge of the facts setting forth the number of claims made against the defendants during the applicable policy period and the amount sought in each such claim. 35. Defendants are not in possession, custody and/or control of any statement by a person with actual knowledge of the sum totals paid out against all of the foregoing policies. 36. Defendants object to this demand as it is overly broad and unduly burdensome. Documents requested are in plaintiff’s possession. 37. Defendants are not in possession, custody and/or control of any policies and procedures in effect on the date of the incident regarding the cleaning and maintenance of each Defendant’s property. 38. Defendants are not in possession, custody and/or control of any employee roster of June 18, 2021, and June 19, 2021, of Seghar employees. 39. Defendants are not in possession, custody and/or control of any employee timesheets of June 18, 2021, and June 19, 2021, of Seghar employees. 40. Defendants are not in possession, custody and/or control of any time schedules of employees for June 18, 2021, and June 19, 2021, of Seghar. 41. Defendants are not in possession, custody and/or control of payroll records related to June 18, 2021, and June 19, 2021 of Seghar employees. 42. Defendants are not in possession, custody and/or control of memorandum, including receipts, credit card receipts or any other documentation pertaining to purchases made at Seghar on June 18, 2021, and June 19, 2021, by Ethan Ladd. 43. Defendants are not in possession, custody and/or control of memorandum, including receipts, credit card receipts or any other documentation pertaining to purchases made at Seghar on June 18, 2021, and June 19, 2021, by Plaintiff. 5 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 44. Defendants are not in possession, custody and/or control of all electronic ordering receipts for all food and beverage orders placed by or on behalf of JKK Restaurants LLC and/or Seghar and/or Curry Club on June 18, 2021, and June 19, 2021. 45. Defendants are not in possession, custody and/or control of all memorialization’s in whatever form they may exist, including electronic data, meta-data, and electronically embedded data related to food and drink transactions and/or purchases at JKK Restaurants, LLC and/or Seghar and/or Curry Club on June 18, 2021, and June 19, 2021. 46. Defendants are not in possession, custody and/or control of all credit card, cash, payment receipts or other documents for any charges made by defendant, Ethan Ladd, on June 18, 2021, and June 19, 2021. 47. Defendants are not in possession, custody and/or control of all credit card, cash, payment receipts or other documents for payment of any alcoholic beverages purchased by Defendant, Ethan Ladd, on June 18, 2021, and June 19, 2021. 48. Defendants are not in possession, custody and/or control of any copies of all gun and pistol licenses issued to any Defendant prior to June 19, 2021. 49. Defendants are not in possession, custody and/or control of any property receipts issued to any Defendant by the Suffolk County Police Department in connection with this action. 50. Not applicable to these Defendants. 51. Defendants are not in possession, custody and/or control of any identification documents purporting to be Ethan Ladd or used by Ethan Ladd, including a “fake id”. 52. Defendants are not in possession, custody and/or control of any receipts and/or contracts regarding the purchase or sale of alcoholic beverages. 53. Defendants are not in possession, custody and/or control of all notices from the New York State Liquor Authority between 2020 and present. 6 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 54. Defendants are not in possession, custody and/or control of all documentation and correspondence related to the New York State liquor authority. 55. Defendants are not in possession, custody and/or control of any Bartender training manuals. 56. Defendants are not in possession, custody and/or control of any written procedures related to the serving of alcohol beverages at Seghar from 2020 through present. 57. Defendants are not in possession, custody and/or control of any Employee handbooks prepared by or on behalf of Defendants between 2020 and present. 58. Defendants are not in possession, custody and/or control of any contracts between JKK Restaurants, LLC and/or Seghar and/or Curry Club at Seghar and any persons employed at Seghar between 2020 to present. 59. Attached please find the lease agreement. 60. Defendants are not in possession, custody and/or control of any alcoholic vender contracts. 61. Defendants are not in possession, custody and/or control of any invoices, purchase agreements, receipts, contracts or any other documents related to Defendant’s purchase of alcohol. 62. Defendants are not in possession, custody and/or control of any records related to the dispensing of alcohol at JKK Restaurants, LLC and/or Seghar and/or Curry Club at Seghar on June 18, 2021, and June 19, 2021. 63. Defendants are not in possession, custody and/or control of any citations, summonses, violations and/or tickets issued to any Defendant by the State of New York. 64. Defendants are not in possession, custody and/or control of any citations, summonses, violations and/or tickets issued to any Defendant by the New York State Liquor Authority. 7 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 65. Defendants are not in possession, custody and/or control of any citations, summonses, violations and/or tickets issued to any Defendant by the County of Suffolk. 66. Defendants are not in possession, custody and/or control of any citations, summonses, violations and/or tickets issued to any Defendant by the Village of Port Jefferson. 67. Defendant objects to this demand. 68. A search is presently being conducted for the records requested and will be provided under a separate cover if they exist. 69. Please see the attached. DEMAND FOR EXPERT WITNESS INFORMATION Defendants have not yet retained the services of an expert with regard to the above- referenced matter. Should experts be retained, their names and qualifications will be supplied to all parties under a separate cover. DEMAND FOR STATEMENTS Defendants are not in possession, custody and/or control of any statements made by the Plaintiff regarding the incident. DEMAND FOR INSURANCE INFORMATION Defendants were afforded a policy of liability insurance with Blackboard Insurance Company under policy number MORSTAN00001HIBP-36970-02 with policy limits of $1,000,000 per occurrence and $2,000,000 aggregate. DEMAND FOR PHOTOGRAPHS & FILMS Defendants are not in possession, custody and/or control of any photographs, surveillance materials of the Plaintiff, and/or the accident/incident. 8 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 Defendants reserve the right to supplement and/or amend their responses to these demands up to and including the time of trial upon the receipt of additional documents and/or information. Dated: Jericho, New York January 27, 2023 Yours, etc., McGAW & ALVENTOSA Attorneys for Defendants 111 BROADWAY PROPERTY, LLC and 111 BROADWAY PROPERTY LLC i/s/h/a 111 WEST BROADWAY CORP. By: Neil L. Coscio, Esq. One Jericho Plaza, Floor 2, Wing A Jericho, New York 11753 (516) 932-2900 Our File No.: NYJE-18706 TO: LAW OFFICE OF RUDOLPH F.X. MIGLIORE, P.C. Attorneys for Plaintiff GENE D. VILLANI, JR. 353 Veterans Memorial Highway, Suite 200 Commack, New York 11725 Rudolph J. Migliore, Esq. (631) 543-3663 rjm@migliorelaw.com O’TOOLE SCRIVO, LLC Attorneys for Defendant JKK RESTAURANTS LLC (i/s/h/a “JKK RESTAURANTS LLC, KULWANT SINGH WADHWA, and KIRAN BALA GUPTA”) 14 Village Park Road Cedar Grove, New Jersey 07009 Maggie Delany, Esq. (973) 239-5700 mdelany@oslaw.com 9 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 HAGELIN SPENCER LLC Attorneys for Co-Defendant ETHAN LADD 35 Journal Square, Suite 1030 Jersey City, New Jersey 07306 Sean M. Spencer, Esq. (201) 653-3500 spencer@hagelinspencer.com 10 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 --Lease,Sminess Premises. Juuus stunns.nc.INC.. LAWeLANK PUBLg$HEAS NYSCEF DOC. NO. Loth 42 Ofheor Storm me RECEIVED NYSCEF: 01/27/2023 made the day of 20 2O . between 111 BROADWAY PROPERTY, LLC 415 Pond Path, East Setauket, NY 11733 bereinafterreferred to as LANDLORD, and JKK RESTAURANTS, LLC 111 West Broadway, Port Jefferson, NY 11777 hereloafterjointly,severally and collectivelyreferred to as TENANT. tittgnttR, that the Landlord hereby leasesto the Tenant, and the Tenant hires hereby and takes from the Landlord the restaurant (and facility environs) in the building known as 111 West Port NY 11777 Broadway, Jefferson, to be used and occupied by the Tenant as a bar/restaurant with attendant office and storage use as be permitted may under applicable municipal codes and for no other purpose, for a term to commence on and to end on January 31, , unless sooner terminated as hereinafter at 2046 provided, the ÂNNUAL RENT of SEE RIDER Xt0(XQg½MXXXXMXXXXXXXXO MMXXXXEXM©fEMX¾XX AXXXMXMfe TO LEASE for monthly/annual rents and additional rents (thisisa Triple Net and Lease) commencement>of Lease Term allpayable in equal monthly instalments in advance on the firstday of each and calendar month every duringsaid term, except the first instalment, which shall be paid upon the execution hereot THE TENANT JOINTLY AND SEVERALLY COVENANTS: FIRST.-That the Tenant willpay therent as above provided. REPAIA$ SECOND-That, throughout said term the Tenant willtake good care ofthe demised premises,fixtures and appur. tenances,and allalterations,additions and improvements to either; make allrepairs in and about thesame necessary to preserve them ingood orderand condition,which repairs shallbe, inqualityand equalto the class, originalwork: promptly pay the expense of such repairs;suffer no waste or injury; give prompt notlee to the Landlord of ORDINANCES any firethat may occur; execute and comply with all laws,rules,orders, ordinances and regulationsat time issuedor any in force (except ND3 those requiringstructural alterations),applicable tothe demised premises or to the Tenant's occupation thereof,of the Federal, State and Local Governments, and of each and department, bureau and every official thereof, and ofthe New York Board of Fire Underwriters; permit at alltimes usual business repre- ENW during hours, the Landlord and sentativesof the Londlord toenter the demised premises for the purpose of and toexhibit inspection, them for purposes of saleor rental; suffer the Landlord tomalte repairsand improvements to allparts ofthe building,and tocomply with allorders and requirements ofgovernmental authority applicable tosaid or to occupation building any thereofI sufferthe Landlord to erect,use,maintain, repair and replace pipesand conduftsin the demised premises and the . below to floorsabove and ; foreverindemnify and save harmless the Landlord for and against any and all liability, INDEMNEY and judgments penalties,damages, expenses LANDLORD arisingfrom injury during said term toperson or property of any occasioned or act or nature, wholly inpart by any acts, omisSlon or Omissionsof the Tenant, or of the employees, guests, assigns agents, or undertenants of the Tenant and also for any matter or thinggrowing out of the occupationof the demised premises or ofthe sidewalks streets, or vaults adjacent thereto;permit, during thesix months next prior to the expirationof Let" the term the usual notice"To to be placed and toremain unmolested ina conspicuous place upon the exterior of the demised premises; repair,at or before the end of the term,all injurydone by the or Installation removal of furnitureand property; and at theend of the term, to quit and surrender the demised premises with all additions and alterations, improvements In good order and condition. THIRD -That the Tenant will not disfigureordeface part ofthe or M N any building, sufferthe same to be done,except so far as may be necessary to athX such trade fixturesas are herein consented to by the Landlord; the Tenant willnot $URRENoER obstruct,or permit the obstruction of the streetor the sidewalk adjacent thereto; willnot do anything, or sufferanythlug to be done upon the dernisedpremises which willincrease the rate of fireinsurance upon the building or any of itscon- tents,or be liableto cause structuralinjury to said will not building; permit the accumulation ofwaste or refusematter, and will not,without the written consent ofthe Landlord firstobtained ineach NEGATIVE case, eithersell, assign,mortgage or transfer this leaSe,underlet the dernised premises or any part permit the COYENANTS thereof, same or any part thereof to be occupied by nnybody other than the Tenant and the Tenant's employees make any alterations in the demised premises, use the demised premises or any part thereof for any purpose other than the one first above stipulated, or for any purpose deemed extrahazardous on account of fire risk,nor in violationof law or niau O any ordinance.That theTenant will notobstruct or permit the obstructionof the light,halls, or entrances stairway to the building,and will not erector inscribe signalsor advertisements unless and untilthe styleand location any sign, thereof have been approved by the Landlord; and If be erectedor inscribed without.such the any approval, Landlord may remove thesame. No water cooler, afr unit IDITIONING or system Or other apparatus shall be installed conditioning or used without theprior written consent ofLandlord. IT IS MUTUALLY COVENANTED AND AGREED, THAT FOURTH.-If thedemised premises shallbe partially damaged by fire or other Tenant's servants,employees, cause withoutthe faultor neglectof Tenant, agents,visitorsor the licensees, damages shall b be repaired and at the expenseof rent until such repairsshallbe made shall be apportioned to the Landlord a,nd the . if such partial damage la according partof thedemise premiseswhich isusa.ble by Tenant.But due tothe faultor neglectof Tenant. Tenant'sservants. prejudiceto any other rightsand rernediesof employees,agents,visitors or licensees, without the Landlord and without prejudice tothe rightsof subrogationof Landlord's damages shallbe repairedby Landlord but there shallbe no or insurer, reasonable delaywhich arise apportionment abatement of rent.No penaltyshallaccrue for may by reason of adjustment of insuranceon the partof Landlordand/or for delay on accountof "labortroubles",or any othercause Tenant, and reasonable IRE CLAUSE or arerendered beyond Landlord's control. If the demised premises are totally damaged wholly untenantableby fireorother cause,and ifLandlord shalldecidenotto restoreor ifthe buildin shallbe so damaged thatLandlord not torebuildthe same, or shalldecide todemolish itor torebuIldit,then orin any of suchevents Land- lordmay, wit inninety (90)days aftersuch fireorother cause,give Tenant in be given as inParagraph Twelve anotice writingofsuch decision, which noticeshall hereofprovided,and thereupon the term ofthisleaseshallexpire lapseof day aftersuch noticeis given,and Tenant shallvacate the by timeupon the third not be indefaultunder demised premises and surrenderthe same to Landlord. ItTenant shall this leasethen,upon thetermination ofthis leaseunder the conditionsprovided inediatelyprecedin, Tenant's liability for rent shallcease for in the sentenceim- the as ofthe day followingthe casualty.Tenant hereby expresslywaives provisionsof ection327 ofthe heat Property Law and agrees that the provisions controlInIleu thereof. Ifthe damage ordestructionbe due foregoing of thisArticleshallgovern and the tothe faultor neglectofTenant the debrisshallbe removed by,and at expense of, Tenant. FIFTH.-If thewhole or any part ofthe premises erebydemised shall be takenor EMINENT forany publicuse orpurposethen the term condemned by any competent authority DOMAIN hereby grante shall cease fromthe time when possessionof thepart so taken be required forsuch publicpurpose and without apportionment ofaward, the Tenant shall claim toany such award, thecurrent hereby assigningto the Landlord allrightand rent, however,in such case tobe apportioned. SIXTH.-If, beforethe commencement of the term.the Tenant be adjudicateda or assignment," LIEASENOT or takethe benent ofany insolventact.or fta Receiver or bankrupt, make a *'general IN EFFECT estate Trustee be appointedfor the Tenant'sproperty,or ifthisfease orthe of theTenant hereunder be transferredorpass to ordevolve upon any otherperson or defaultinthe performance ofany agreement corporation,orif the Tenant shall by the Tenant containedin an otherlense tothe Tenant by the Landlord or corporationofwhich an officer of theLandlord is aDirector,thisleaseshal thereby,at theoption by any and In thatcase, neither the Tenant ofthe Landlord, be terminated DEFAULT5 noranybody claimingunder the Tenant shallbe entitledto o into possession of the premises.Itafterthe commencement ofthe term,any of theevents mentioned demised shallmake defaultin above In thissubd visionshall occur,or if Tenant rent" fulalling any of the covenantsofthislease,other than thecovenants for thepayment ofrent or or ifthe demised premisesbecome vacant or deserted. the Landlord giveto the days' "additional end theterm of thislease,and may days' Tenant ten notice ofintentionto thereupon atthe expirationofsaid ten (ifsaidconditionwhleh was thebasis of shallcontinueto exist)theterm under thislease shall expireas fullyand It said notice TEN DAY. oxed for the expirationof completelyas thatday were the datehereindefinitely the term and theTenant wlu then quitand surrenderthe demised premisesto the NOTICE Tenant shallremain liableas hereinatterprovided. Landlord,but the 11 of 22 FILED: SUFFOLK COUNTY CLERK 01/27/2023 11:53 AM INDEX NO. 611534/2022 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 01/27/2023 It the Tenant shallmake in thepayment of therent reserved or item of "additionalrent" herein 5-PO$$ESSION default hereunder, any iY LANDLORD mentioned,or any part of eitherorIn making any other payment herein providedfor,or ifthenoticelast aboveprovided days' forshall have been givenand ittheconditionwhich was the basisof saidnotice shallexistat the expirationof saidten period,the Landlord may immediately, or atany time re-enter thereafter, the demised premises and remove all persons and all or any property therefrom,eitherby summary dispossessproceedings,or by any suitableaction or proceedingat law, or by force or otherwise,without beingliableto indictment,prosecutionor damages therefor,and re-possessand saidpremises enjoy **terminated"together RE-LETTING with all additions,alterations and improvements, In any such case or in the event thatthis leasebe before the commencement of the term,as above provided,the Landlord may eitherre-letthedemised premisesor any partor partsthereoffor the Landlord's own account, or may, at the Landlord'soption,re-letthe demised premises or any part or partsthereof as the agent ofthe Tenant,and receive the rentstherefor,applyingthe same ficattothe payment of suchexpenses as the Landlord may have incurred,and then tothe fumitment ofthe covenantsof the Tenant herein,and the balance,If any,at the expirationof the term firstabove providedfor,shallbe paid to theTenant, Landlord may rent thepremises fora term extending beyond theterm hereby granted without "Sixth'' releasingTenant from any liability. In theevent that the term of thisleaseshallexpire as above inthis WAlvER subdivision provided,or terminate by summary proceedingsor otherwise,and ifthe Landlord shallnotre-letthe demised BY TENANT premises for theLandlord's own account,then,whether or notthe premises be re-let, the Tenantshallremain liablefor,and the Tenant bereby agrees to pay to theLandlord, untilthe time when this lease rent" would have expired but for such termination or expiration,the equivalentof the amount of all of therent and "additional reserved heretn,lessthe avails of reletting, ifany, and the same shall be due and payable by theTenant to theLandlord on the severalrent days above that specified, is, upon each of such rent days the Tenant shallpay to the Landlord the amount of deficienev then existing.The Tenant hereby ex resslywaives any and all rightofredemption in case theTenant shallbe dispossessedby judgment or warrant ofany court or e, andthe Tenant waives and willwaiveall righttotrialby juryin"re-enter" any summary proceedings "re-entry" hereafterinstituted