Preview
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------------
OMAR YACOUB, Index No: 508850/2022
Plaintiff, PLAINTIFF’S FIRST
DEMAND FOR DISCOVERY
v. AND INSPECTION
TONY A. DAVIS, ERD HOLDINGS, INC., a Delaware
corporation THE NEW YORK CITY DEPARTMENT OF
FINANCE, THE NEW YORK CITY DEPARTMENT OF
BUILDINGS, and THE OFFICE OF THE CITY REGISTER
FOR KINGS COUNTY,
Defendants.
-----------------------------------------------------------------------------
PLEASE TAKE NOTICE that pursuant to CPLR § 3120, the plaintiff, Omar Yacoub
(“Plaintiff”), by its attorneys First American Law Group, hereby demands that defendant ERD
HOLDINGS, INC. (“Defendant”) produce the following information and materials for discovery
and inspection at Suite 401, 550 Mamaroneck Avenue, Harrison, New York 10528, within thirty
(30) days following service of this demand.
DEFINITIONS AND INSTRUCTIONS
1. Any and all descriptions or examples of documents provided hereinafter are
illustrative only and do not limit the request to those particular documents or types of documents,
as if it were explicitly noted that such request was “not limited to” the stated examples.
2. The term “Defendant ERD” shall mean ERD Holdings, Inc.
1
1 of 8
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022
3. The term “Defendant Tony A. Davis” shall mean Tony A. Davis.
4. The term “Property” shall mean the premises commonly known as 288 Gates
Avenue, Brooklyn, New York.
5. The term “Litigation” shall mean the action under Index Number 508850/2022.
6. The term “document” shall include (without limitation) communications,
writings, drawings, graphs, charts, checks, money orders, photographs, phono-records, text
messages, bills, invoices, checks, wire confirmations, shipping documentation, order forms,
purchase orders, bills of lading, e-mails, electronic records, computer disks, thumb and/or flash
drives, and other data compilations from which information can be obtained and translated, if
necessary, by Plaintiff through detection devices into reasonably usable form, physical objects,
and things.
7. the word “person” shall mean any natural person, corporation, partnership, firm,
association, joint venture or sole proprietorship. Unless otherwise stated, all references to
corporations or other legal entities (including, without limitation, the parties to this action) shall
encompass all predecessor or successor corporations or other legal entities; and all past or
present shareholders, directors, officers, trustees, agents, employees, representatives, and, where
not privileged, in-house or outside legal counsel for such corporations or other legal entities.
8. the term “all documents” includes each and every document that refers, reflects,
or relates, directly or indirectly, in whole or in part, to the subject matters described in a given
document request. Where originals were not available, authentic copies of such documents may
be produced; but, if a document has been prepared in separate copies, or additional copies have
been made and the copies are not identical (or which, by reason of subsequent modification of a
2
2 of 8
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022
copy or by the addition of notations, are no longer identical), each non-identical copy is a
separate document and should be identified or produced.
9. Requests for documents “concerning”, “referred to” and “related to” each seeks
all documents and tangible things which in any way explicitly or implicitly concern, relate or
refer to, or could be reasonably construed to concern, refer or relate to, the subject matter of the
request, including, but not limited to, all documents and tangible things which reflect, record,
memorialize, discuss, consider, review, show, mention, analyze, indicate, contain, identify,
incorporate, deal with, report on the subject matter of the request, speak if in any way, or pertain
to in any way.
10. The terms “communication” and “communications” means any transmission of
information, in any form, via any medium, including but not limited to e-mail, facsimile, digital
or electronic messaging, mailings and any other transmission from any person or persons to any
other person or persons. In case of information transmitted by means of a document,
“communication” includes any copy of such document and any other document incorporating,
summarizing, or describing the contents of the transmission. In the case of information
transmitted by any other means (e.g., orally or electronically), “communication includes any
document containing a recording, transcription, summary or description of the transmission or
identifying the time, place, subject matter, medium of transmission and/or participants in the
transmission.
11. The phrasing of these demands shall be construed so as to make Defendant’s
responses inclusive rather than exclusive. Thus, the word “including” is intended to be
comprehensive and means “including but not limited to.” Similarly, the singular form of all
words includes the plural form and plural form of all words includes the singular form; the words
3
3 of 8
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022
“and” and “or” shall be interpreted as both conjunctive and disjunctive; the word “any” shall
mean “any and all”; and the “each” shall mean “each and every.”
12. If Defendant objects to any of these document demands, then Defendant shall
state the reasons for each such objections. If Defendant objects to any part of the document
demand, then Defendant shall further specify the part. Similarly, if Defendant does not object to
a particular document demand, but are unable to comply fully with that request, then each person
shall comply to the fullest extent possible and provide an explanation for the lack of full
compliance.
13. If any document responsive to a document request is unavailable because it has
been lost, discarded, or destroyed, please summarize for each such document: (a) the nature of
the document and its content, (b) the identity of the author, (c) the date written or originated, (d)
the identity of each person to whom the original or a copy was addressed and/or delivered, (e)
the identity of every other person who has ever had possession of the original or a copy of the
documents and (f) the date, if possible, on which the document was lost, destroyed, or transferred
voluntarily or involuntarily to others, and (g) if destroyed or transferred, the conditions of and
reasons for such destruction or transfer, and the person(s) requesting or performing such
destruction or transfer.
14. All of these document requests are directed not only to those documents in the
possession, custody, or control of Defendants, but also to those documents in the possession,
custody, or control of any “person” (as defined herein) that Defendant controls and to any
documents in the possession, custody or control of any directors, officers, trustees, agents,
employees, representatives, and-unless privileged- legal counsel of any such person. In addition,
documents for which Defendant has the legal right to obtain shall be considered within each
4
4 of 8
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022
person’s possession, custody or control. For documents responsive to a document request whose
locations are unknown, state the names and addresses of any person that might possess or know
the location of such documents.
15. All documents requested shall be produced in the same file or other organization
environment in which they are or were kept in the usual course of business. For example, a
document that is part of a file, docket or grouping should be physically produced together with
all other documents from the file, docket, or grouping responsive to the request, in the same
manner of arrangement as the original. Defendant shall also produce the “file tab”, name, or
other identification of the source of the documents.
16. If any item requested below which is responsive to a demand is produced in
redacted form, those portions of the document which are redacted should be identified and
Defendant responses should, with respect to such redactions, identify the basis for each
redaction.
17. The demands for discovery and inspection which follows are to be considered
continuing, and Defendant is requested to provide, by way of supplementary responses thereto,
such additional items as demanded below as each person or any persons acting on his/her behalf
may hereafter obtain which is related to any of the requests for the production contained herein.
Such supplemental responses are to be served upon counsel for Plaintiff within twenty (20) days
after Defendant knows, or should know, of such additional responsive items.
18. The term “Quitclaim Deed” shall mean that quitclaim deed dated December 10,
2021, recorded in the Kings County Clerk’s Office in CRFN 2022000008393 on January 6,
2022.
5
5 of 8
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022
DOCUMENTS AND THINGS TO BE PRODUCED
DEMAND NO. 1: Any and all writings, communications, records, statements between
Defendant ERD and Defendant Tony A. Davis. regarding the Property.
DEMAND NO. 2: Any and all checks, wires, receipts, or other documents evidencing
any and all disbursements, fees, paid by Defendant ERD in relation to the Property, including,
but not limited to, mortgages, maintenance and repairs, real estate taxes, and water bills, and/or
other governmental fees, costs, charges, impositions and penalties.
DEMAND NO. 3: Any and all writings, records, statements, applications, confirmations
and/or other documents referring or relating to any mortgage, loan or other encumbrance
Defendant ERD obtained and is a lien or has been a lien on the Property.
DEMAND NO. 4: Any and all documents, writings, records, statements in which
Defendant ERD notified Plaintiff of Defendant ERD’s purported claim to the Property.
DEMAND NO. 5: All corporate governance and/or organization documents concerning
ERD Holdings Inc., including, but without limitation, amendments, by-laws, resolutions,
incorporation documents and minutes of board meetings, as related to the purchase of the
Property.
DEMAND NO. 6.: Any and all documents concerning Earl R. Davis’s relationship to
position with and decision making authority on behalf of Defendant ERD for the period of
January 1, 2015 through the present.
DEMAND NO. 7: Any and all documents, writings, communications, records, and
statements between Defendant ERD and Defendant Davis regarding the Quitclaim Deed.
6
6 of 8
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022
DEMAND NO. 8: Any and all documents supporting Defendant’s allegation, as set
forth in the First Counterclaim contained in Defendant’s Answer in this Litigation, including the
identity of John Vail’s cousins.
DEMAND NO. 9: Any and all documents, writings, communications, and/or records
between Defendant and Shellon Malaika McKenzie (“McKenzie”) regarding the Quitclaim
Deed, as well as McKenzie’s address, telephone number and email address.
DEMAND NO. 10: Any and all documents, writings, communications, and/or records,
including any and all checks, receipts, wire transfer receipts and or wire transfer confirmation
and any and all bank record, evidencing any and all payments made by Defendant ERD to
Defendant Davis related to the conveyance of the Property from Defendant Davis to ERD
Holdings.
DEMAND NO. 11: Any and all documents related to Defendant ERD’s purported
ownership interest in the Property.
DEMAND NO. 12: Any and all documents related to any legal proceeding commenced
by Defendant related to Defendant’s asserted ownership interest in the Property as stated in the
Quitclaim Deed.
DEMAND NO. 13: Any and all documents related to any legal proceeding in which
Defendant was named as a party related to Defendant’s asserted ownership interest in the
Property as asserted in the Quitclaim Deed.
DEMAND NO. 14: Any and all documents, writings, communications, and/or records
between Defendant ERD and Georgia Green, Elvin Judge Heidelberg, Ernestine Heidelberg, E.
Bernice Heidelberg, Georgie Heidelberg, Sandra Heidelberg, John Chase, Elvin J. Heidelberg,
Jr., Debra P. Heidelberg, Ada L. Heidelberg, a/k/a Ada L. Davis, Sigmund Allen Davis, Doris
7
7 of 8
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022
Heidelberg, Evelyn Heidelberg, and James Howard regarding Defendant’s purported interest in
the Property as asserted in the Quitclaim Deed.
DEMAND NO. 15: Any and all documents supporting Defendant ERD’s claim that
Kevin Walker forged Ada Vail’s and John Vail’s signatures to the deed referred to in Defendant
ERD’s Answer at paragraph 30.
DEMAND NO. 16: Any and all documents supporting Defendant ERD’s claim that
Defendant Davis is the “surviving heir/distributee” of Ada L. Davis, a/k/a Ada L. Heidelberg.
DEMAND NO. 17: Any and all documents supporting, or otherwise describing
Defendant ERD’s “Fractional share or less than Fee Interest” as certified by Defendant ERD in
Section 14 F of the RP-5217NYC recorded with the Quitclaim Deed.
DEMAND NO. 18: Any and all documents relating to, supporting or that Defendant
ERD has registered as a foreign corporation with the New York State Department of the
Secretary of State.
PLEASE TAKE NOTICE that all of the above demands are continuing and an
objection will be made at rial to any response to which is not provided in response hereto, or at
any subsequent time prior to trial.
Dated: Harrison, New York
October 25, 2022 FIRST AMERICAN LAW GROUP
William J. Hamilton
By: William J, Hamilton, Esq.
Attorneys for Plaintiff
Suite 401
550 Mamaroneck Avenue
Harrison, New York 10528
914 839 3075
whamilton@firstam.com
8
8 of 8
Preview
FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------- OMAR YACOUB, Index No: 508850/2022 Plaintiff, PLAINTIFF’S FIRST DEMAND FOR DISCOVERY v. AND INSPECTION TONY A. DAVIS, ERD HOLDINGS, INC., a Delaware corporation THE NEW YORK CITY DEPARTMENT OF FINANCE, THE NEW YORK CITY DEPARTMENT OF BUILDINGS, and THE OFFICE OF THE CITY REGISTER FOR KINGS COUNTY, Defendants. ----------------------------------------------------------------------------- PLEASE TAKE NOTICE that pursuant to CPLR § 3120, the plaintiff, Omar Yacoub (“Plaintiff”), by its attorneys First American Law Group, hereby demands that defendant ERD HOLDINGS, INC. (“Defendant”) produce the following information and materials for discovery and inspection at Suite 401, 550 Mamaroneck Avenue, Harrison, New York 10528, within thirty (30) days following service of this demand. DEFINITIONS AND INSTRUCTIONS 1. Any and all descriptions or examples of documents provided hereinafter are illustrative only and do not limit the request to those particular documents or types of documents, as if it were explicitly noted that such request was “not limited to” the stated examples. 2. The term “Defendant ERD” shall mean ERD Holdings, Inc. 1 1 of 8 FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022 3. The term “Defendant Tony A. Davis” shall mean Tony A. Davis. 4. The term “Property” shall mean the premises commonly known as 288 Gates Avenue, Brooklyn, New York. 5. The term “Litigation” shall mean the action under Index Number 508850/2022. 6. The term “document” shall include (without limitation) communications, writings, drawings, graphs, charts, checks, money orders, photographs, phono-records, text messages, bills, invoices, checks, wire confirmations, shipping documentation, order forms, purchase orders, bills of lading, e-mails, electronic records, computer disks, thumb and/or flash drives, and other data compilations from which information can be obtained and translated, if necessary, by Plaintiff through detection devices into reasonably usable form, physical objects, and things. 7. the word “person” shall mean any natural person, corporation, partnership, firm, association, joint venture or sole proprietorship. Unless otherwise stated, all references to corporations or other legal entities (including, without limitation, the parties to this action) shall encompass all predecessor or successor corporations or other legal entities; and all past or present shareholders, directors, officers, trustees, agents, employees, representatives, and, where not privileged, in-house or outside legal counsel for such corporations or other legal entities. 8. the term “all documents” includes each and every document that refers, reflects, or relates, directly or indirectly, in whole or in part, to the subject matters described in a given document request. Where originals were not available, authentic copies of such documents may be produced; but, if a document has been prepared in separate copies, or additional copies have been made and the copies are not identical (or which, by reason of subsequent modification of a 2 2 of 8 FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022 copy or by the addition of notations, are no longer identical), each non-identical copy is a separate document and should be identified or produced. 9. Requests for documents “concerning”, “referred to” and “related to” each seeks all documents and tangible things which in any way explicitly or implicitly concern, relate or refer to, or could be reasonably construed to concern, refer or relate to, the subject matter of the request, including, but not limited to, all documents and tangible things which reflect, record, memorialize, discuss, consider, review, show, mention, analyze, indicate, contain, identify, incorporate, deal with, report on the subject matter of the request, speak if in any way, or pertain to in any way. 10. The terms “communication” and “communications” means any transmission of information, in any form, via any medium, including but not limited to e-mail, facsimile, digital or electronic messaging, mailings and any other transmission from any person or persons to any other person or persons. In case of information transmitted by means of a document, “communication” includes any copy of such document and any other document incorporating, summarizing, or describing the contents of the transmission. In the case of information transmitted by any other means (e.g., orally or electronically), “communication includes any document containing a recording, transcription, summary or description of the transmission or identifying the time, place, subject matter, medium of transmission and/or participants in the transmission. 11. The phrasing of these demands shall be construed so as to make Defendant’s responses inclusive rather than exclusive. Thus, the word “including” is intended to be comprehensive and means “including but not limited to.” Similarly, the singular form of all words includes the plural form and plural form of all words includes the singular form; the words 3 3 of 8 FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022 “and” and “or” shall be interpreted as both conjunctive and disjunctive; the word “any” shall mean “any and all”; and the “each” shall mean “each and every.” 12. If Defendant objects to any of these document demands, then Defendant shall state the reasons for each such objections. If Defendant objects to any part of the document demand, then Defendant shall further specify the part. Similarly, if Defendant does not object to a particular document demand, but are unable to comply fully with that request, then each person shall comply to the fullest extent possible and provide an explanation for the lack of full compliance. 13. If any document responsive to a document request is unavailable because it has been lost, discarded, or destroyed, please summarize for each such document: (a) the nature of the document and its content, (b) the identity of the author, (c) the date written or originated, (d) the identity of each person to whom the original or a copy was addressed and/or delivered, (e) the identity of every other person who has ever had possession of the original or a copy of the documents and (f) the date, if possible, on which the document was lost, destroyed, or transferred voluntarily or involuntarily to others, and (g) if destroyed or transferred, the conditions of and reasons for such destruction or transfer, and the person(s) requesting or performing such destruction or transfer. 14. All of these document requests are directed not only to those documents in the possession, custody, or control of Defendants, but also to those documents in the possession, custody, or control of any “person” (as defined herein) that Defendant controls and to any documents in the possession, custody or control of any directors, officers, trustees, agents, employees, representatives, and-unless privileged- legal counsel of any such person. In addition, documents for which Defendant has the legal right to obtain shall be considered within each 4 4 of 8 FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022 person’s possession, custody or control. For documents responsive to a document request whose locations are unknown, state the names and addresses of any person that might possess or know the location of such documents. 15. All documents requested shall be produced in the same file or other organization environment in which they are or were kept in the usual course of business. For example, a document that is part of a file, docket or grouping should be physically produced together with all other documents from the file, docket, or grouping responsive to the request, in the same manner of arrangement as the original. Defendant shall also produce the “file tab”, name, or other identification of the source of the documents. 16. If any item requested below which is responsive to a demand is produced in redacted form, those portions of the document which are redacted should be identified and Defendant responses should, with respect to such redactions, identify the basis for each redaction. 17. The demands for discovery and inspection which follows are to be considered continuing, and Defendant is requested to provide, by way of supplementary responses thereto, such additional items as demanded below as each person or any persons acting on his/her behalf may hereafter obtain which is related to any of the requests for the production contained herein. Such supplemental responses are to be served upon counsel for Plaintiff within twenty (20) days after Defendant knows, or should know, of such additional responsive items. 18. The term “Quitclaim Deed” shall mean that quitclaim deed dated December 10, 2021, recorded in the Kings County Clerk’s Office in CRFN 2022000008393 on January 6, 2022. 5 5 of 8 FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022 DOCUMENTS AND THINGS TO BE PRODUCED DEMAND NO. 1: Any and all writings, communications, records, statements between Defendant ERD and Defendant Tony A. Davis. regarding the Property. DEMAND NO. 2: Any and all checks, wires, receipts, or other documents evidencing any and all disbursements, fees, paid by Defendant ERD in relation to the Property, including, but not limited to, mortgages, maintenance and repairs, real estate taxes, and water bills, and/or other governmental fees, costs, charges, impositions and penalties. DEMAND NO. 3: Any and all writings, records, statements, applications, confirmations and/or other documents referring or relating to any mortgage, loan or other encumbrance Defendant ERD obtained and is a lien or has been a lien on the Property. DEMAND NO. 4: Any and all documents, writings, records, statements in which Defendant ERD notified Plaintiff of Defendant ERD’s purported claim to the Property. DEMAND NO. 5: All corporate governance and/or organization documents concerning ERD Holdings Inc., including, but without limitation, amendments, by-laws, resolutions, incorporation documents and minutes of board meetings, as related to the purchase of the Property. DEMAND NO. 6.: Any and all documents concerning Earl R. Davis’s relationship to position with and decision making authority on behalf of Defendant ERD for the period of January 1, 2015 through the present. DEMAND NO. 7: Any and all documents, writings, communications, records, and statements between Defendant ERD and Defendant Davis regarding the Quitclaim Deed. 6 6 of 8 FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022 DEMAND NO. 8: Any and all documents supporting Defendant’s allegation, as set forth in the First Counterclaim contained in Defendant’s Answer in this Litigation, including the identity of John Vail’s cousins. DEMAND NO. 9: Any and all documents, writings, communications, and/or records between Defendant and Shellon Malaika McKenzie (“McKenzie”) regarding the Quitclaim Deed, as well as McKenzie’s address, telephone number and email address. DEMAND NO. 10: Any and all documents, writings, communications, and/or records, including any and all checks, receipts, wire transfer receipts and or wire transfer confirmation and any and all bank record, evidencing any and all payments made by Defendant ERD to Defendant Davis related to the conveyance of the Property from Defendant Davis to ERD Holdings. DEMAND NO. 11: Any and all documents related to Defendant ERD’s purported ownership interest in the Property. DEMAND NO. 12: Any and all documents related to any legal proceeding commenced by Defendant related to Defendant’s asserted ownership interest in the Property as stated in the Quitclaim Deed. DEMAND NO. 13: Any and all documents related to any legal proceeding in which Defendant was named as a party related to Defendant’s asserted ownership interest in the Property as asserted in the Quitclaim Deed. DEMAND NO. 14: Any and all documents, writings, communications, and/or records between Defendant ERD and Georgia Green, Elvin Judge Heidelberg, Ernestine Heidelberg, E. Bernice Heidelberg, Georgie Heidelberg, Sandra Heidelberg, John Chase, Elvin J. Heidelberg, Jr., Debra P. Heidelberg, Ada L. Heidelberg, a/k/a Ada L. Davis, Sigmund Allen Davis, Doris 7 7 of 8 FILED: KINGS COUNTY CLERK 10/25/2022 11:45 AM INDEX NO. 508850/2022 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/25/2022 Heidelberg, Evelyn Heidelberg, and James Howard regarding Defendant’s purported interest in the Property as asserted in the Quitclaim Deed. DEMAND NO. 15: Any and all documents supporting Defendant ERD’s claim that Kevin Walker forged Ada Vail’s and John Vail’s signatures to the deed referred to in Defendant ERD’s Answer at paragraph 30. DEMAND NO. 16: Any and all documents supporting Defendant ERD’s claim that Defendant Davis is the “surviving heir/distributee” of Ada L. Davis, a/k/a Ada L. Heidelberg. DEMAND NO. 17: Any and all documents supporting, or otherwise describing Defendant ERD’s “Fractional share or less than Fee Interest” as certified by Defendant ERD in Section 14 F of the RP-5217NYC recorded with the Quitclaim Deed. DEMAND NO. 18: Any and all documents relating to, supporting or that Defendant ERD has registered as a foreign corporation with the New York State Department of the Secretary of State. PLEASE TAKE NOTICE that all of the above demands are continuing and an objection will be made at rial to any response to which is not provided in response hereto, or at any subsequent time prior to trial. Dated: Harrison, New York October 25, 2022 FIRST AMERICAN LAW GROUP William J. Hamilton By: William J, Hamilton, Esq. Attorneys for Plaintiff Suite 401 550 Mamaroneck Avenue Harrison, New York 10528 914 839 3075 whamilton@firstam.com 8 8 of 8