Preview
FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/02/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
BRIAN C. PRUSIK,
DEFENDANT'S SECOND
Plaintiff INTERROGATORIES TO
vs. PLAINTIFF
LIBERTY MUTUAL INSURANCE GROUP INC.,
and Index No.: 8588/2018
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION,
Defendants.
--------------------------------- :
Defendant Geddes Federal Savings and Loan Association, by and through its attorney,
DANIEL F. MATHEWS, III, request that the Plaintiff, Brian C. Prusik, answer the following
interrogatories in accordance with CPLR §3134.
DEFINITIONS
In these interrogatories, the following definitions shall apply:
"Prusik" "plaintiff"
A. or means plaintiff Brian C. Prusik and any of his employees
or agents.
"GFSL" Geddes"
B. or "defendant means defendant Geddes Federal Savings and
Loan Association, and any of its employees or agents.
"LM" Mutual"
C. or "defendant Liberty means defendant Liberty Mutual Insurance
Group, Inc., and any of their employees or agents.
"Location"
D. means 121 Slosson Road, Town of West Monroe, Oswego County,
New York.
"Person"
E. means any natural person or any business, legal or governmental entity
or association.
"Complaint"
F. means the Verified Complaint served in this action.
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"Concerning"
G. means relating to, referring to, describing, evidencing or
constituting.
Employee"
H. "Defendant means any officer, director, employee, agent, attorney,
accountant or other person action or purporting to act on behalf of GFSL or LM,
whether currently or at any time employed by either of them.
I. Reference to any entity includes each of its officials, officers, directors,
employees, agents, attorneys, or other persons acting or purporting to act on behalf
of the foregoing, whether currently or formerly employed or retained in these
capacities.
"document"
J. The word means any handwritten, printed, computer-produced, typed,
photographed, phone or tape recorded graphic matter, however otherwise
produced or reproduced and includes, but is not limited to, all communications,
reports, correspondence, telegrams, e-mails, memoranda, summaries of records,
personal conversations or interviews, diaries, records, accounts, telex files,
teletyped files, facsimile files, contracts notes, marginal notations, photographs,
ledgers or other records of original entry, bank statements, checks (back and
forth), drafts of any of the foregoing back deposit slips, newspaper reports and all
"Document"
other recordings or writings of whatever nature and description.
shall include originals (or copies if originals are not available) and nonidentical
copies (whether different from the original because of handwritten notes or
underlining or otherwise) and any translations of any document.
to"
K. The term "relating means constituting, concerning, mentioning, discussing,
referring to, involving, pertaining to, connected with, relying upon, or in any way
relevant to the indicated item, person or event.
L. If any document, or any portion of any document, is withheld under claim of
attorney-client privilege or upon any other ground, the respondent withholding the
document shall furnish a list, signed by the person supervising the response to this
request, identifying each document withheld and stating with respect to each:
a. the date and number of pages of the document and the identities of its
author, addresses, and each person to whom copies were sent or were to be
sent;
b. the subject matter of the document;
c. the identity of each person thereof is known or has been disclosed;
d. if the document is withheld on the grounds of attorney-client privilege
(1) each basis for such claim of privilege, and
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(2) the identity of each person who was privy to any assertedly
privileged communication reflected in the document; and
e. If the document is withheld on any ground other than attorney-client
privilege, each basis which respondent contends justifies its withholding
the document.
INSTRUCTIONS
The interrogatories call for all information (including information contained in or on
writings, recordings, photographs, or any tangible thing or material) that is known or available to
you, including all information in the possession of your employees, agents, attorneys,
accountants, auditors, or other professional personnel acting on your behalf or under your or your
attorneys'
employment, direction and/or control.
If you cannot answer any interrogatory fully and completely after exercising due diligence
to make inquiry and secure the information to do so, please so state and answer such
interrogatory to the extent you deem possible. Specify the portion of such interrogatory you
claim you are unable to fully and completely answer, and further specify the facts on which you
rely to support your contention that you are unable to answer the interrogatory fully and
completely. State the knowledge, information or belief you have concerning the unanswered
portion of such interrogatory, and state fully, completely and in detail the acts done and inquiries
made by you to show that you have exercised due diligence to make inquiries and to secure the
information necessary to answer that interrogatory. If you are asserting that part of any response
to an interrogatory is privileged, specify the grounds therefore, identifying the allegedly
privileged documents or conversations by date, author, recipient and general subject matter and
proceed to provide all information responsive to the interrogatories which does not fall within
your claim of privilege.
"identify"
When an interrogatory requests you to a document, state the nature of the
document (for example, letter, memorandum, or contract), its date, its author, any signatories
other than the author, its present location and custodian, a summary of its principal provisions
and, if a letter, telegram or the like, state also its addressees. In lieu of such identification, you
may annex a copy of the document to your answer to the interrogatory.
INTERROGATORIES
1. Identify the person(s) providing the information in response to these requests.
2. With respect to plaintiff's affirmative defenses, state with specificity as to each cause of
action of GFSL that plaintiff alleges each affirmative defense applies.
3. With respect to Plaintiff's Third Affirmative Defense to GFSL Counterclaims, specify the
following:
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1. If this defense is based upon equity or for money damages;
2. State with specificity each and every affirmative act attributed to GFSL as
a basis of this affirmative defense;
4. With respect to Plaintiff's Fourth Affirmative Defense to GFSL's Counterclaims, specify
the following:
1. The title of the action in which Plaintiff claims a final judgment of the
claims was granted;
2. The Index or Docket Number of said action;
3. The Court in which said action was rendered;
4. The date a Notice of Entry of said Order was served upon GFSL;
5. The specific cause of action alleged.
5. With respect to Plaintiff's Sixth Affirmative Defense to GFSL's Counterclaims, specify
the following:
1. The specific contractual rights plaintiff claims GFSL waived;
2. If said rights were waived by affirmative conduct or failure to act;
3. If the waiver is claimed by affirmative conduct, state specifically what the
affirmative conduct was;
4. If the waiver is claimed by failure to act, state with specificity what that
failure was.
6. With respect to Plaintiff's Eighth Affinnative Defense to GFSL's Counterclaims, specify
the following:
1. Whether GFSL had the right in the foreclosure proceeding to a deficiency
judgment.
Please note that these interrogatories are required to be answered on a contiñüing
basis. If the answering defendant is not currently in possession of the answer to the
interrogatory posed, but should come into possession of the answer in the future, the
answering defeñdañt is under abligation to provide the plaintiff with the answer at the time
the answer is made known to the answering defêñdant.
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Dated: November 2, 2018
D . Mathews, III
Attorney for Defendant Geddes Federal S&L
Suite 913-919 University Building
120 E. Washington Street
Syracuse, New York 13202
(315) 471-2188
TO: Woods Oviatt Gilman
Andrew J. Ryan, Esq.
Stephen P. Burke, Esq.
700 Crossroads Building
2 State Street
Rochester, New York 14614
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Preview
FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/02/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA BRIAN C. PRUSIK, DEFENDANT'S SECOND Plaintiff INTERROGATORIES TO vs. PLAINTIFF LIBERTY MUTUAL INSURANCE GROUP INC., and Index No.: 8588/2018 GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendants. --------------------------------- : Defendant Geddes Federal Savings and Loan Association, by and through its attorney, DANIEL F. MATHEWS, III, request that the Plaintiff, Brian C. Prusik, answer the following interrogatories in accordance with CPLR §3134. DEFINITIONS In these interrogatories, the following definitions shall apply: "Prusik" "plaintiff" A. or means plaintiff Brian C. Prusik and any of his employees or agents. "GFSL" Geddes" B. or "defendant means defendant Geddes Federal Savings and Loan Association, and any of its employees or agents. "LM" Mutual" C. or "defendant Liberty means defendant Liberty Mutual Insurance Group, Inc., and any of their employees or agents. "Location" D. means 121 Slosson Road, Town of West Monroe, Oswego County, New York. "Person" E. means any natural person or any business, legal or governmental entity or association. "Complaint" F. means the Verified Complaint served in this action. 1 of 5 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/02/2018 "Concerning" G. means relating to, referring to, describing, evidencing or constituting. Employee" H. "Defendant means any officer, director, employee, agent, attorney, accountant or other person action or purporting to act on behalf of GFSL or LM, whether currently or at any time employed by either of them. I. Reference to any entity includes each of its officials, officers, directors, employees, agents, attorneys, or other persons acting or purporting to act on behalf of the foregoing, whether currently or formerly employed or retained in these capacities. "document" J. The word means any handwritten, printed, computer-produced, typed, photographed, phone or tape recorded graphic matter, however otherwise produced or reproduced and includes, but is not limited to, all communications, reports, correspondence, telegrams, e-mails, memoranda, summaries of records, personal conversations or interviews, diaries, records, accounts, telex files, teletyped files, facsimile files, contracts notes, marginal notations, photographs, ledgers or other records of original entry, bank statements, checks (back and forth), drafts of any of the foregoing back deposit slips, newspaper reports and all "Document" other recordings or writings of whatever nature and description. shall include originals (or copies if originals are not available) and nonidentical copies (whether different from the original because of handwritten notes or underlining or otherwise) and any translations of any document. to" K. The term "relating means constituting, concerning, mentioning, discussing, referring to, involving, pertaining to, connected with, relying upon, or in any way relevant to the indicated item, person or event. L. If any document, or any portion of any document, is withheld under claim of attorney-client privilege or upon any other ground, the respondent withholding the document shall furnish a list, signed by the person supervising the response to this request, identifying each document withheld and stating with respect to each: a. the date and number of pages of the document and the identities of its author, addresses, and each person to whom copies were sent or were to be sent; b. the subject matter of the document; c. the identity of each person thereof is known or has been disclosed; d. if the document is withheld on the grounds of attorney-client privilege (1) each basis for such claim of privilege, and 2 of 5 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/02/2018 (2) the identity of each person who was privy to any assertedly privileged communication reflected in the document; and e. If the document is withheld on any ground other than attorney-client privilege, each basis which respondent contends justifies its withholding the document. INSTRUCTIONS The interrogatories call for all information (including information contained in or on writings, recordings, photographs, or any tangible thing or material) that is known or available to you, including all information in the possession of your employees, agents, attorneys, accountants, auditors, or other professional personnel acting on your behalf or under your or your attorneys' employment, direction and/or control. If you cannot answer any interrogatory fully and completely after exercising due diligence to make inquiry and secure the information to do so, please so state and answer such interrogatory to the extent you deem possible. Specify the portion of such interrogatory you claim you are unable to fully and completely answer, and further specify the facts on which you rely to support your contention that you are unable to answer the interrogatory fully and completely. State the knowledge, information or belief you have concerning the unanswered portion of such interrogatory, and state fully, completely and in detail the acts done and inquiries made by you to show that you have exercised due diligence to make inquiries and to secure the information necessary to answer that interrogatory. If you are asserting that part of any response to an interrogatory is privileged, specify the grounds therefore, identifying the allegedly privileged documents or conversations by date, author, recipient and general subject matter and proceed to provide all information responsive to the interrogatories which does not fall within your claim of privilege. "identify" When an interrogatory requests you to a document, state the nature of the document (for example, letter, memorandum, or contract), its date, its author, any signatories other than the author, its present location and custodian, a summary of its principal provisions and, if a letter, telegram or the like, state also its addressees. In lieu of such identification, you may annex a copy of the document to your answer to the interrogatory. INTERROGATORIES 1. Identify the person(s) providing the information in response to these requests. 2. With respect to plaintiff's affirmative defenses, state with specificity as to each cause of action of GFSL that plaintiff alleges each affirmative defense applies. 3. With respect to Plaintiff's Third Affirmative Defense to GFSL Counterclaims, specify the following: 3 of 5 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/02/2018 1. If this defense is based upon equity or for money damages; 2. State with specificity each and every affirmative act attributed to GFSL as a basis of this affirmative defense; 4. With respect to Plaintiff's Fourth Affirmative Defense to GFSL's Counterclaims, specify the following: 1. The title of the action in which Plaintiff claims a final judgment of the claims was granted; 2. The Index or Docket Number of said action; 3. The Court in which said action was rendered; 4. The date a Notice of Entry of said Order was served upon GFSL; 5. The specific cause of action alleged. 5. With respect to Plaintiff's Sixth Affirmative Defense to GFSL's Counterclaims, specify the following: 1. The specific contractual rights plaintiff claims GFSL waived; 2. If said rights were waived by affirmative conduct or failure to act; 3. If the waiver is claimed by affirmative conduct, state specifically what the affirmative conduct was; 4. If the waiver is claimed by failure to act, state with specificity what that failure was. 6. With respect to Plaintiff's Eighth Affinnative Defense to GFSL's Counterclaims, specify the following: 1. Whether GFSL had the right in the foreclosure proceeding to a deficiency judgment. Please note that these interrogatories are required to be answered on a contiñüing basis. If the answering defendant is not currently in possession of the answer to the interrogatory posed, but should come into possession of the answer in the future, the answering defeñdañt is under abligation to provide the plaintiff with the answer at the time the answer is made known to the answering defêñdant. 4 of 5 FILED: ONONDAGA COUNTY CLERK 11/02/2018 01:31 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/02/2018 Dated: November 2, 2018 D . Mathews, III Attorney for Defendant Geddes Federal S&L Suite 913-919 University Building 120 E. Washington Street Syracuse, New York 13202 (315) 471-2188 TO: Woods Oviatt Gilman Andrew J. Ryan, Esq. Stephen P. Burke, Esq. 700 Crossroads Building 2 State Street Rochester, New York 14614 5 of 5