Preview
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
"G"
Exhibit
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
7oo Crossroads Building 19oo Main Place Tower
2 State Street, Rochester, New York 14614 Buffalo, New York 142O2
P 585987.2800 F 585.454.3968 P 716.248.3200 F 716.854.5100
Writer's Direct Dial Number: 585.987.2809
ATTORNEYS
Writer's Direct Fax Number: 585.987.2909
woodsoviatt.com
Email: aryan@woodsoviatt.com
December 5, 2018
Daniel F. Mathews, III, Esq.
120 E. Washington Street
913-919 University Building
Syracuse, New York 13202
Re: Prusik v. Liberty Mutual Insurance Group Inc., etc., et al.
Index No. E008588/2018
Dear Mr. Mathews:
On behalf of the Plaintiff, enclosed please find the following:
Geddes'
1. Plaintiffs Response to Defendant Fourth Notice to Admit;
2. Plaintiffs Supplemental Responses to Geddes Combined Discovery Demands;
Geddes'
3. Plaintiffs Supplemental Responses to First Interrogatories; and
Geddes'
4. Plaintiffs Supplemental Response to Defendant First Notice of Demand for
Production of Documents and Discovery and Inspection.
If you have any questions about this, do not hesitate to contact me.
Very truly yours,
WOOD VIATT GILMAN LLP
e y
Pleas direct r po s o Ro ester Office
AJR/mae
Enclosures
cc: Kevin R. VanDuser, Esq. (with enclosures
Brian Prusik (Sent Via Email - with
enclosures)
The people•
{6820281: } art of representing
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
BRIAN C. PRUSIK PLAINTIFF'S
SUPPLEMENTAL
Plaintiff, RESPONSES TO
GEDDES'
DEFENDANT
vs. FIRST INTERROGATORIES
LIBERTY MUTUAL INSURANCE GROUP INC.,
GEDDES FEDERAL SAVINGS AND LOAN Index No.: E008588/2018
ASSOCIATION,
Defendants.
Plaintiff, Brian C. Prusik, by and through his attomeys, Woods Oviatt Gilman LLP,
supplements his response to Defendant's, Geddes Federal Savings and Loan Association
("Geddes"), First Interrogatories to Plaintiff as follows:
GENERAL OBJECTIONS
A. No information provided in these responses shall be deemed to constitute
any agreement or concession that the subject matter thereof is relevant to this action, and
production of information is made without waiving or intending to waive any objections as to the
relevance, privilege, or admissibility of any information provided in response to the
interrogatories in any subsequent proceeding or trial of this action on any ground.
Geddes'
B. Plaintiff objects to interrogatory requests to the extent that they
are vague, overbroad, burdensome, duplicative and oppressive.
Geddes'
C. Plaintiff objects to interrogatories to the extent that they seek
information or documents protected by attorney-client privilege, the attorney's work product
doctrine, or any other privilege or immunity from disclosure.
{6796213: } Woods Oviatt Gilman LLP
700 Crossroads Building
Roches e , 1 e or k 14614
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
Geddes'
D. Plaintiff objects to interrogatories to the extent that they seek
confidential or proprietary business information from Plaintiff.
Geddes'
E. Certain of discovery requests may not be susceptible to a full
response until after completion of discovery. Plaintiff will supplement the responses to these
interrogatories to the extent necessary following completion of such discovery.
Subject to and without waiving the foregoing objections, Plaintiff responds as follows:
INTERROGATORIES
DEMAND:
1. Identify the person(s) providing the information in response to these requests.
RESPONSE:
Stephen P. Burke, Esq. and Andrew J. Ryan, Esq., attorneys for Plaintiff, Woods Oviatt
Gilman LLP, 700 Crossroads Building, 2 State Street, Rochester, New York, 14614 prepared
these responses. Plaintiff reserves the right to supplement this response.
DEMAND:
2. Identify in detail the following, for each and every item of personal property allegedly
removed from the premises by GFSL and/or its employees, agents or contractors:
(A) a description of the item,
(B) the manufacturer of the item;
(C) where the item was purchased from;
(D) the initial purchaser of the item;
(D) the date of initial purchase of the item;
(E) the record owner of the item;
(6796213: } Woods Ovigtt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
(F) the actual owner of the item;
(G) the date that Prusik became the owner of the item;
(D) any serial number or other identifying feature of the item;
(E) the purchase price of the item;
(F) the value alleged of each item;
(G) the condition of the item when Prusik last observed same;
(H) the location of the item within the premises when Prusik last observed same;
(I) the date that Prusik last observed same.
(numbering incorrect in original)
RESPONSE:
Plaintiff objects to this interrogatory as overly broad, unduly burdensome, and further
objects in that it seeks information that is not material and necessary to the prosecution and
"A"
defense of this matter. Subject to and without waiving the foregoing objections, see Exhibit
attached hereto. Plaintiff reserves the right to supplement this response.
DEMAND:
3. State with specificity the date upon which notification was sent to GFSL regarding
alleged violations of RPAPL 1308, including the following:
(1) To whom notification was made;
(2) by whom notification was made;
(3) the sum and substance of the notification;
(4) what relief was requested in the alleged notification;
(5) provide a copy of said notification
{6796213: } Woods Oviytt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
RESPONSE:
Notification was sent to GFSL regarding the violation of RPAPL 1308 on March 5*,
2017;
1) To Daniel Matthews, Esq.;
2) Plaintiff, Brian C. Prusik;
3) Geddes was advised that is did not have permission to enter Plaintiff's property;
4) Not applicable;
5) See the March 9, 2017 email at Exhibit B to Plaintiff's Supplemental Response to
Geddes'
Combined Discovery Demands.
DEMAND:
4. Please state the name, address and telephone number of any witnesses to the alleged
removal of items from the property.
RESPONSE:
Plaintiff objects to this interrogatory as duplicative of Defendant's Combined Discovery
Demands Subject to and without waiving the forgoing objections, Plaintiff is not currently
aware of witnesses to the actual removal of items from the Property. Plaintiff reserves the right
to supplement this response.
DEMAND:
5. Please state the name, address and telephone number of any witnesses to the alleged
ownership of plaintiff of items allegedly removed from the property.
{6796213: } Woods Ovigtt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
RESPONSE:
Witnesses to Plaintiff's ownership of the items removed from the property include, but
are not limited to:
1. Brian C. Prusik, may be reached through Plaintiff's counsel;
2. Kathleen Walsh, may be reached through Plaintiff's counsel;
3. Megan Bird, may be reached through Plaintiff's counsel;
4. Susan Prusik, may be reached through Plaintiff's counsel; and
5. Patrick Prusik, may be reached through Plaintiff's counsel.
Plaintiff reserves the right to supplement this response.
DEMAND:
6. Please state the date upon which Prusik retained the law firm of Woods, Oviatt, Gilman, LLP.
RESPONSE:
Plaintiff objects to this interrogatory to the extent that it seeks information which may be
covered by the attorney-client privilege. Plaintiff further objects on the basis that it seeks
information not reasonably calculated to lead to admissible evidence.
DEMAND:
7. Please state the date upon which Prusik discharged David Ealy, Esq., as his attorney.
(6796213: } Woods Oviytt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 . . RECEIVED NYSCEF: 01/22/2019
RESPONSE:
Plaintiff objects to this interrogatory to the extent that it seeks information which may be
covered by the attorney-client privilege. Plaintiff further objects on the basis that it seeks
information not reasonably calculated to lead to admissible evidence.
Plaintiff reserves the right to amend or supplement these responses if additional infor.-:atz
becomes known or available.
DATED: December 5, 2018
Rochester,New York WOODS VIATT GILMAN LLP
By:
Andr J y , Esq.
Step e B ke, Esq.
rne or laintiff
700 Crossroa sBuilding
2 State Street
Rochester, New York 14614
(585)987-2800
arvan(dlwoodsoviatt.com
stephenburke@woodsoviatt.com
TO: Daniel F.Mathews, III, Esq.
Attorney for Defendant
Geddes Federal Savings and Loan Assoc.
120 E. WashingtonStreet
913-919 University Building
Syracuse, New York 13202
315.471.2188
DFMathewsIII@aol.com
CC: Kevin R. VanDuser, Esq.
Sugarman Law Firm LLP
Attorneys for Defendant
Liberty Mutual Insurance Group Inc.
211 West Jefferson Street
Syracuse, New York 13202
315.474.2943
kvanduser@sugarmanlaw.com
(6796213: } Woods Ovi tt Gilman LLP
700 Crossr oads Building
2 State Street
Rochester, New York l4614
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
VERIFICATION
STATE OF NEW
YORK)
COUNTY OF MONROE ) ss:
The undersigned, an attorney admitted to practice in the courts of New York State,
shows: that Deponent is the attorney of record for Defendants in the within action; that
Deponent has read the foregoing PLAINTIFF'S SUPPLEMENTAL RESPONSES
GEDDES'
DEFENDANT FIRST INTERROGATORIES and knows the contents thereof; that
the same is true to Deponent's own knowledge, except as to the matters therein stated to be
alleged on information and belief, and that as to those matters Deponent believes it to be true.
Deponent further says that the reason this verification is made by Deponent and not by
Defendants is that Defendants are not located in the county in which your Deponent has an
office.
The undersigned affinns that the foregoing statemerßs are penalties of perjury.
Andr J. y , Esq.
Sworn to before me this
5"'
day of December, 2018
'
MONICA A EAST
Public, State of New Wrk
Notary
Qualified in Monroe County
01EA6073547
No.
2022
Commission Expires April 22,
{6820385: } Woods Oviatt Gihnan LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
"A"
EXHIBIT
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
1 121Slosson Rd. Inventory
2 Item estimated age estimated cost Condition
3 Zelss Conquest HD 15x56 Binoculars $1,600.00 Excellent
4 zelss binocular case with neck sholder strap unsure $40.00 Excellent
5 20 plus ratchet tie downs 12 foot long less than 1year $200.00 Excellent
6 4 ratchet tle downs 27 ft x 21nch less than 1year $150.00 Excellent
7 2 packs of 500 plus heavy duty 111nch zip ties less than 1year $122.00 Excellent
Arya Supreme Quality Basmatl Rice, 10-Pound
8 Bag less than 1year $45.00 Excellent
9 Solaray Total Calm --30 Vegetarian Capsules less than 1year $50.00 Excellent
10 Twinlab Horny Goat Weed -60 Capsules less than 1year $50.00|Excellent
Life Extension Artichoke Leaf Extract 500 Mg
11 Capsule, 180-Count less than 1year $50.001Excellent
Ortho Molecular Products, Methyl CpG 60
12 capsules less than 1year $50.00 Excellent
Nature's Way Sarsaparilla Root Capsules 425 mg,
13 100-Count less than 1year $50.00 Excellent
14 THORNE RESEARCHBERBERINE500 less than 1year $50.00 Excellent
-
Solaray Total Calm Advanced -60 vegetarian
15 capsules less than 1year $50.00 Excellent
KOHLER K-3942-4-NA Vault Top-Mount Single-
Bowl Kitchen Sink with Shortened Apron-Front
for 36-inch Cabinet and 4 Faucet Holes, Stainless
16 Steel Lessthan 5 years $500.00 Excellent
Pokemon Blastolse Cartoon Car Bumper Sticker
17 Decal 5"x 5" less than 1year $7.00 Excellent
18 Pokemon MiniSticker Book - White Edition less than 1year $10.00 Excellent
Mushroom House Drled Woodear Mushroom,
19 Black Fungus, 5 Pound less than 2 years $45.00 Excellent
Globe 879-AS Knife Guard Interlock Stud
20 Assembly unknown $200.00 Excellent
Chrysln Surge Natural Isoflavonne Aromatase
Inhibitor Chrysin Surge 900mg 180 Capsules 2
21 Battles less than 1year $50.00 Excellent
{6785663:2
} 1
PR000001
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
A B C D
1 121 Slosson Rd. Inventory
2 Item estimated age estimated cost Condition
Chrysin Surge Natural Isoflavonne Aromatase
Inhibitor Chrysin Surge 900mg 180 Capsules 2
Bottles less than 1 year $50.00 Excellent
Breville BJE820XLJulce Fountain Duo Dual Disc
Julcer not sure probably less than 2 years $320.00 Excellent
24 Solaray SP-33 Histamine Blend , 100 Count not sure probably less than 2 years $50.00 Excellent
Fresh Yellow Turmeric 11b not sure probably less than 2 years $25.00 Excellent
100% Organic Horny Goat Weed Eplmedium Leaf
26 Drled ~ 1 Ounce Bag $45.00 Excellent
27 NOW Foods Methyl B-12 1000mcg, 100 Lozenges $45.00 Excellent
Mediterranean Gourmet Ground Cumin, 16
28 Ounce $25.00 Excellent
Starwest Botanicals - Bulk Turmeric Root Powder
29 Organic - 1 Ib. $45.00 Excellent
Thorne Research Berberine-500,60 vegetarian
30 capsules $50.00 Excellent
NOW Foods L-Phenylalanine 500mg, 120
31 Capsules $50.00 Excellent
Ortho Molecular Products, Methyl CpG 60
32 capsules $50.00 Excellent
Horny Goat Weed with Maca Root Extract
(Epimedium) Herbal Supplement Capsules
1000mg. Help to Increase Sexual Performance
33 and Stamina. Pure Natural In $45.00 Excellent
Amazing Nutrition Gaba ( Gamma Aminobutyric
34 Acid) 750 Mg, 100 Capsules $49.00 Excellent
Nature's Way Fennel Seed, 100 Capsules (Pack of
35 2) $35.00 Excellent
36 Now Foods Taurine 1000 Mg, 250 Capsules (FFP) $35.00 Excellent
37 Kirkland Signature CoQ10 300 mg, 100 Softgels $45.00 Excellent
(6785663:2) 2
PR000002
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
A B C D
1 121 Slosson Rd. Inventory
2 Item estimated age estimated cost Condition
10 PCsMetal S Shaped Kitchen Spoon Pan Pot
Hanging Hooks Hangers $13.00 Excellent
Doctor's Best High Potency Serrapeptase
39 (120,000 Units), 90-Count $45.00 Excellent _.. .
Dr. Whitaker's Berberine 500 mg Supplement for
40 Blood Sugar Support, 90 Capsules (30-Day Supply) $54.00 Excellent
Ortho Molecular Products, Methyl CpG 60
41 capsules $45.00 Excellent
Cuisinart CRUH-6 Chef's Classic Cookware
Universal Pot Rack Hooks, Brushed Stainless, Set
42 of 6 $35.00 Excellent
Jarrow Formulas Artichoke 500, 500 mg., 180
Capsules $45.00 Excellent
Honey-Can-Do SHF-01939 Set of Four Casters,
44 Black, 4-Inch $35.00 Excellent
Nature's Way Fenugreek Seed 610 mg, Capsules
45 180ea $35.00 Excellent
Solaray - Total Calm Advanced - 60 vegetarian
46 capsules $32.00 Excellent
Allgn Digestive Care Problotic Supplement (98
47 Count) $55.00 Excellent
Grape Tomato San Marzano Type Pozzano
D3087A (Red) 10 Hybrid Seeds by David's Garden
48 Seeds $4.00 Excellent
. Herb Mint Common D71235 (Green) 1000 Open
49 Pollinated Seeds by David s Garden Seeds $4.00 Excellent
1,000 Seeds, Peppermint Herb (Mentha piperita)
50 Seeds By Seed Needs $4.00 Excellent
Ortho Molecular Products, Methyl CpG 60
51 capsules $45.00 Excellent
52 Diatomaceous Earth Food Grade 10 Lb $43.00 Excellent
53 2,000 Blanketflower Seeds $5.00 Excellent
(6785·.63:2
} 3
PR000003
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019
B C D
1 121 Slosson Rd. Inventory
2 Item estimated age estimated cost Condition
Outsidepride Galilardia Aristata Tokajer - 1000
54 Seeds $5.00 Excellent
150 Flower Seeds, Blanketflower (Gaillardia
aristata) Seeds By Seed Needs $5.00 Excellent
56 26,000 Black Eyed Susan Flower Seeds $5.00 Excellent
Minera Dead Sea Bath Salts Bulk 60lb Coarse
57 Grain, 100% Pure and Authentic $45.00 Excellent
Dunar NutrItla Brown Basmatl Rice, Himalayan,
10 Pound $32.00 Excellent
Minecraft: Redstone Handbook: An Official
59 Mojang Book $36.00 Excellent
Pot Belly Pigs. Pot Belly Pigs Complete Owners
Guide. Pot Bellied Pigs care, health,
temperament, training, senses, costs, feeding and
60 activities. $40.00 Excellent
Bicarbonate of Soda---50 Pound Bag $45.00 Excellent
Bestt Liebco 578010800 Tru-Pro Woven 18-Inch x
62 1/4-inch Roller Cover $15.00 Excellent
Bestt Llebco 578010800 Tru-Pro Waven 18-Inch x
63 1/4-Inch Roller Cover $15.00 Excellent
64 Solaray SP-33 Histamine Blend , 100 Count $32.00|Excellent
Ortho Molecular - Alpha Base Caps without Iron -
65 240 Capsules
Preview
FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 "G" Exhibit FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 7oo Crossroads Building 19oo Main Place Tower 2 State Street, Rochester, New York 14614 Buffalo, New York 142O2 P 585987.2800 F 585.454.3968 P 716.248.3200 F 716.854.5100 Writer's Direct Dial Number: 585.987.2809 ATTORNEYS Writer's Direct Fax Number: 585.987.2909 woodsoviatt.com Email: aryan@woodsoviatt.com December 5, 2018 Daniel F. Mathews, III, Esq. 120 E. Washington Street 913-919 University Building Syracuse, New York 13202 Re: Prusik v. Liberty Mutual Insurance Group Inc., etc., et al. Index No. E008588/2018 Dear Mr. Mathews: On behalf of the Plaintiff, enclosed please find the following: Geddes' 1. Plaintiffs Response to Defendant Fourth Notice to Admit; 2. Plaintiffs Supplemental Responses to Geddes Combined Discovery Demands; Geddes' 3. Plaintiffs Supplemental Responses to First Interrogatories; and Geddes' 4. Plaintiffs Supplemental Response to Defendant First Notice of Demand for Production of Documents and Discovery and Inspection. If you have any questions about this, do not hesitate to contact me. Very truly yours, WOOD VIATT GILMAN LLP e y Pleas direct r po s o Ro ester Office AJR/mae Enclosures cc: Kevin R. VanDuser, Esq. (with enclosures Brian Prusik (Sent Via Email - with enclosures) The people• {6820281: } art of representing FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA BRIAN C. PRUSIK PLAINTIFF'S SUPPLEMENTAL Plaintiff, RESPONSES TO GEDDES' DEFENDANT vs. FIRST INTERROGATORIES LIBERTY MUTUAL INSURANCE GROUP INC., GEDDES FEDERAL SAVINGS AND LOAN Index No.: E008588/2018 ASSOCIATION, Defendants. Plaintiff, Brian C. Prusik, by and through his attomeys, Woods Oviatt Gilman LLP, supplements his response to Defendant's, Geddes Federal Savings and Loan Association ("Geddes"), First Interrogatories to Plaintiff as follows: GENERAL OBJECTIONS A. No information provided in these responses shall be deemed to constitute any agreement or concession that the subject matter thereof is relevant to this action, and production of information is made without waiving or intending to waive any objections as to the relevance, privilege, or admissibility of any information provided in response to the interrogatories in any subsequent proceeding or trial of this action on any ground. Geddes' B. Plaintiff objects to interrogatory requests to the extent that they are vague, overbroad, burdensome, duplicative and oppressive. Geddes' C. Plaintiff objects to interrogatories to the extent that they seek information or documents protected by attorney-client privilege, the attorney's work product doctrine, or any other privilege or immunity from disclosure. {6796213: } Woods Oviatt Gilman LLP 700 Crossroads Building Roches e , 1 e or k 14614 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 Geddes' D. Plaintiff objects to interrogatories to the extent that they seek confidential or proprietary business information from Plaintiff. Geddes' E. Certain of discovery requests may not be susceptible to a full response until after completion of discovery. Plaintiff will supplement the responses to these interrogatories to the extent necessary following completion of such discovery. Subject to and without waiving the foregoing objections, Plaintiff responds as follows: INTERROGATORIES DEMAND: 1. Identify the person(s) providing the information in response to these requests. RESPONSE: Stephen P. Burke, Esq. and Andrew J. Ryan, Esq., attorneys for Plaintiff, Woods Oviatt Gilman LLP, 700 Crossroads Building, 2 State Street, Rochester, New York, 14614 prepared these responses. Plaintiff reserves the right to supplement this response. DEMAND: 2. Identify in detail the following, for each and every item of personal property allegedly removed from the premises by GFSL and/or its employees, agents or contractors: (A) a description of the item, (B) the manufacturer of the item; (C) where the item was purchased from; (D) the initial purchaser of the item; (D) the date of initial purchase of the item; (E) the record owner of the item; (6796213: } Woods Ovigtt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 (F) the actual owner of the item; (G) the date that Prusik became the owner of the item; (D) any serial number or other identifying feature of the item; (E) the purchase price of the item; (F) the value alleged of each item; (G) the condition of the item when Prusik last observed same; (H) the location of the item within the premises when Prusik last observed same; (I) the date that Prusik last observed same. (numbering incorrect in original) RESPONSE: Plaintiff objects to this interrogatory as overly broad, unduly burdensome, and further objects in that it seeks information that is not material and necessary to the prosecution and "A" defense of this matter. Subject to and without waiving the foregoing objections, see Exhibit attached hereto. Plaintiff reserves the right to supplement this response. DEMAND: 3. State with specificity the date upon which notification was sent to GFSL regarding alleged violations of RPAPL 1308, including the following: (1) To whom notification was made; (2) by whom notification was made; (3) the sum and substance of the notification; (4) what relief was requested in the alleged notification; (5) provide a copy of said notification {6796213: } Woods Oviytt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 RESPONSE: Notification was sent to GFSL regarding the violation of RPAPL 1308 on March 5*, 2017; 1) To Daniel Matthews, Esq.; 2) Plaintiff, Brian C. Prusik; 3) Geddes was advised that is did not have permission to enter Plaintiff's property; 4) Not applicable; 5) See the March 9, 2017 email at Exhibit B to Plaintiff's Supplemental Response to Geddes' Combined Discovery Demands. DEMAND: 4. Please state the name, address and telephone number of any witnesses to the alleged removal of items from the property. RESPONSE: Plaintiff objects to this interrogatory as duplicative of Defendant's Combined Discovery Demands Subject to and without waiving the forgoing objections, Plaintiff is not currently aware of witnesses to the actual removal of items from the Property. Plaintiff reserves the right to supplement this response. DEMAND: 5. Please state the name, address and telephone number of any witnesses to the alleged ownership of plaintiff of items allegedly removed from the property. {6796213: } Woods Ovigtt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 RESPONSE: Witnesses to Plaintiff's ownership of the items removed from the property include, but are not limited to: 1. Brian C. Prusik, may be reached through Plaintiff's counsel; 2. Kathleen Walsh, may be reached through Plaintiff's counsel; 3. Megan Bird, may be reached through Plaintiff's counsel; 4. Susan Prusik, may be reached through Plaintiff's counsel; and 5. Patrick Prusik, may be reached through Plaintiff's counsel. Plaintiff reserves the right to supplement this response. DEMAND: 6. Please state the date upon which Prusik retained the law firm of Woods, Oviatt, Gilman, LLP. RESPONSE: Plaintiff objects to this interrogatory to the extent that it seeks information which may be covered by the attorney-client privilege. Plaintiff further objects on the basis that it seeks information not reasonably calculated to lead to admissible evidence. DEMAND: 7. Please state the date upon which Prusik discharged David Ealy, Esq., as his attorney. (6796213: } Woods Oviytt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 . . RECEIVED NYSCEF: 01/22/2019 RESPONSE: Plaintiff objects to this interrogatory to the extent that it seeks information which may be covered by the attorney-client privilege. Plaintiff further objects on the basis that it seeks information not reasonably calculated to lead to admissible evidence. Plaintiff reserves the right to amend or supplement these responses if additional infor.-:atz becomes known or available. DATED: December 5, 2018 Rochester,New York WOODS VIATT GILMAN LLP By: Andr J y , Esq. Step e B ke, Esq. rne or laintiff 700 Crossroa sBuilding 2 State Street Rochester, New York 14614 (585)987-2800 arvan(dlwoodsoviatt.com stephenburke@woodsoviatt.com TO: Daniel F.Mathews, III, Esq. Attorney for Defendant Geddes Federal Savings and Loan Assoc. 120 E. WashingtonStreet 913-919 University Building Syracuse, New York 13202 315.471.2188 DFMathewsIII@aol.com CC: Kevin R. VanDuser, Esq. Sugarman Law Firm LLP Attorneys for Defendant Liberty Mutual Insurance Group Inc. 211 West Jefferson Street Syracuse, New York 13202 315.474.2943 kvanduser@sugarmanlaw.com (6796213: } Woods Ovi tt Gilman LLP 700 Crossr oads Building 2 State Street Rochester, New York l4614 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 VERIFICATION STATE OF NEW YORK) COUNTY OF MONROE ) ss: The undersigned, an attorney admitted to practice in the courts of New York State, shows: that Deponent is the attorney of record for Defendants in the within action; that Deponent has read the foregoing PLAINTIFF'S SUPPLEMENTAL RESPONSES GEDDES' DEFENDANT FIRST INTERROGATORIES and knows the contents thereof; that the same is true to Deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters Deponent believes it to be true. Deponent further says that the reason this verification is made by Deponent and not by Defendants is that Defendants are not located in the county in which your Deponent has an office. The undersigned affinns that the foregoing statemerßs are penalties of perjury. Andr J. y , Esq. Sworn to before me this 5"' day of December, 2018 ' MONICA A EAST Public, State of New Wrk Notary Qualified in Monroe County 01EA6073547 No. 2022 Commission Expires April 22, {6820385: } Woods Oviatt Gihnan LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 "A" EXHIBIT FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 1 121Slosson Rd. Inventory 2 Item estimated age estimated cost Condition 3 Zelss Conquest HD 15x56 Binoculars $1,600.00 Excellent 4 zelss binocular case with neck sholder strap unsure $40.00 Excellent 5 20 plus ratchet tie downs 12 foot long less than 1year $200.00 Excellent 6 4 ratchet tle downs 27 ft x 21nch less than 1year $150.00 Excellent 7 2 packs of 500 plus heavy duty 111nch zip ties less than 1year $122.00 Excellent Arya Supreme Quality Basmatl Rice, 10-Pound 8 Bag less than 1year $45.00 Excellent 9 Solaray Total Calm --30 Vegetarian Capsules less than 1year $50.00 Excellent 10 Twinlab Horny Goat Weed -60 Capsules less than 1year $50.00|Excellent Life Extension Artichoke Leaf Extract 500 Mg 11 Capsule, 180-Count less than 1year $50.001Excellent Ortho Molecular Products, Methyl CpG 60 12 capsules less than 1year $50.00 Excellent Nature's Way Sarsaparilla Root Capsules 425 mg, 13 100-Count less than 1year $50.00 Excellent 14 THORNE RESEARCHBERBERINE500 less than 1year $50.00 Excellent - Solaray Total Calm Advanced -60 vegetarian 15 capsules less than 1year $50.00 Excellent KOHLER K-3942-4-NA Vault Top-Mount Single- Bowl Kitchen Sink with Shortened Apron-Front for 36-inch Cabinet and 4 Faucet Holes, Stainless 16 Steel Lessthan 5 years $500.00 Excellent Pokemon Blastolse Cartoon Car Bumper Sticker 17 Decal 5"x 5" less than 1year $7.00 Excellent 18 Pokemon MiniSticker Book - White Edition less than 1year $10.00 Excellent Mushroom House Drled Woodear Mushroom, 19 Black Fungus, 5 Pound less than 2 years $45.00 Excellent Globe 879-AS Knife Guard Interlock Stud 20 Assembly unknown $200.00 Excellent Chrysln Surge Natural Isoflavonne Aromatase Inhibitor Chrysin Surge 900mg 180 Capsules 2 21 Battles less than 1year $50.00 Excellent {6785663:2 } 1 PR000001 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 A B C D 1 121 Slosson Rd. Inventory 2 Item estimated age estimated cost Condition Chrysin Surge Natural Isoflavonne Aromatase Inhibitor Chrysin Surge 900mg 180 Capsules 2 Bottles less than 1 year $50.00 Excellent Breville BJE820XLJulce Fountain Duo Dual Disc Julcer not sure probably less than 2 years $320.00 Excellent 24 Solaray SP-33 Histamine Blend , 100 Count not sure probably less than 2 years $50.00 Excellent Fresh Yellow Turmeric 11b not sure probably less than 2 years $25.00 Excellent 100% Organic Horny Goat Weed Eplmedium Leaf 26 Drled ~ 1 Ounce Bag $45.00 Excellent 27 NOW Foods Methyl B-12 1000mcg, 100 Lozenges $45.00 Excellent Mediterranean Gourmet Ground Cumin, 16 28 Ounce $25.00 Excellent Starwest Botanicals - Bulk Turmeric Root Powder 29 Organic - 1 Ib. $45.00 Excellent Thorne Research Berberine-500,60 vegetarian 30 capsules $50.00 Excellent NOW Foods L-Phenylalanine 500mg, 120 31 Capsules $50.00 Excellent Ortho Molecular Products, Methyl CpG 60 32 capsules $50.00 Excellent Horny Goat Weed with Maca Root Extract (Epimedium) Herbal Supplement Capsules 1000mg. Help to Increase Sexual Performance 33 and Stamina. Pure Natural In $45.00 Excellent Amazing Nutrition Gaba ( Gamma Aminobutyric 34 Acid) 750 Mg, 100 Capsules $49.00 Excellent Nature's Way Fennel Seed, 100 Capsules (Pack of 35 2) $35.00 Excellent 36 Now Foods Taurine 1000 Mg, 250 Capsules (FFP) $35.00 Excellent 37 Kirkland Signature CoQ10 300 mg, 100 Softgels $45.00 Excellent (6785663:2) 2 PR000002 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 A B C D 1 121 Slosson Rd. Inventory 2 Item estimated age estimated cost Condition 10 PCsMetal S Shaped Kitchen Spoon Pan Pot Hanging Hooks Hangers $13.00 Excellent Doctor's Best High Potency Serrapeptase 39 (120,000 Units), 90-Count $45.00 Excellent _.. . Dr. Whitaker's Berberine 500 mg Supplement for 40 Blood Sugar Support, 90 Capsules (30-Day Supply) $54.00 Excellent Ortho Molecular Products, Methyl CpG 60 41 capsules $45.00 Excellent Cuisinart CRUH-6 Chef's Classic Cookware Universal Pot Rack Hooks, Brushed Stainless, Set 42 of 6 $35.00 Excellent Jarrow Formulas Artichoke 500, 500 mg., 180 Capsules $45.00 Excellent Honey-Can-Do SHF-01939 Set of Four Casters, 44 Black, 4-Inch $35.00 Excellent Nature's Way Fenugreek Seed 610 mg, Capsules 45 180ea $35.00 Excellent Solaray - Total Calm Advanced - 60 vegetarian 46 capsules $32.00 Excellent Allgn Digestive Care Problotic Supplement (98 47 Count) $55.00 Excellent Grape Tomato San Marzano Type Pozzano D3087A (Red) 10 Hybrid Seeds by David's Garden 48 Seeds $4.00 Excellent . Herb Mint Common D71235 (Green) 1000 Open 49 Pollinated Seeds by David s Garden Seeds $4.00 Excellent 1,000 Seeds, Peppermint Herb (Mentha piperita) 50 Seeds By Seed Needs $4.00 Excellent Ortho Molecular Products, Methyl CpG 60 51 capsules $45.00 Excellent 52 Diatomaceous Earth Food Grade 10 Lb $43.00 Excellent 53 2,000 Blanketflower Seeds $5.00 Excellent (6785·.63:2 } 3 PR000003 FILED: ONONDAGA COUNTY CLERK 01/22/2019 12:13 PM INDEX NO. 008588/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 01/22/2019 B C D 1 121 Slosson Rd. Inventory 2 Item estimated age estimated cost Condition Outsidepride Galilardia Aristata Tokajer - 1000 54 Seeds $5.00 Excellent 150 Flower Seeds, Blanketflower (Gaillardia aristata) Seeds By Seed Needs $5.00 Excellent 56 26,000 Black Eyed Susan Flower Seeds $5.00 Excellent Minera Dead Sea Bath Salts Bulk 60lb Coarse 57 Grain, 100% Pure and Authentic $45.00 Excellent Dunar NutrItla Brown Basmatl Rice, Himalayan, 10 Pound $32.00 Excellent Minecraft: Redstone Handbook: An Official 59 Mojang Book $36.00 Excellent Pot Belly Pigs. Pot Belly Pigs Complete Owners Guide. Pot Bellied Pigs care, health, temperament, training, senses, costs, feeding and 60 activities. $40.00 Excellent Bicarbonate of Soda---50 Pound Bag $45.00 Excellent Bestt Liebco 578010800 Tru-Pro Woven 18-Inch x 62 1/4-inch Roller Cover $15.00 Excellent Bestt Llebco 578010800 Tru-Pro Waven 18-Inch x 63 1/4-Inch Roller Cover $15.00 Excellent 64 Solaray SP-33 Histamine Blend , 100 Count $32.00|Excellent Ortho Molecular - Alpha Base Caps without Iron - 65 240 Capsules