Preview
FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
PLAINTIFF'S FIRST
BRIAN C. PRUSIK DEMAND FOR
PRODUCTION OF
Plaintiff, DOCUMENTS TO
DEFENDANT GEDDES
vs. FEDERAL SAVINGS AND
LOAN ASSOCIATION
LIBERTY MUTUAL INSURANCE GROUP INC.,
GEDDES FEDERAL SAVINGS AND LOAN
ASSOCIATION, Index No.: E008588/2018
Defendants.
PLEASE TAKE NOTICE that, pursuant to CPLR §3101(a) and §3120(a), Plaintiff, Brian
C. Prusik ("Prusik"), hereby requests that Defendant Geddes Federal Savings and Loan Association
("Geddes") produce the following documents and materials for inspection, with leave to copy and
make a photocopy thereof, at the offices of Woods Oviatt Gilman LLP, 700 Crossroads Building, 2
State Street, Rochester, New York 14614, within 20 days hereof.
Unless otherwise stated, this request pertains to the period comraeñcing in or about
December 1, 2016, and continuing through the preseñt, and Geddes is required to produce any and
all documents pertaining to this entire period.
Any and all documents are to be divulged, whether such documents are in the possession of
Geddes'
the Geddes, officers, agents, employees, attorneys, investigators, or other represêñtatives of
Geddes or their attorneys.
These document requests are intended as continuing requests. Accordingly, any documents
requested herein, which are not now in the possession of Geddes or their representatives as stated
{66668 78: } Woods Oviatt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019
above, but which later come into their possession, are to be disclosed at such later time as they come
Geddes'
into possession.
Photocopies of the documents described herein may be supplied to the undersigned in lieu
of actual production of these documents, so long as the original documents are preserved by Geddes
and produced at any examination before trial and upon the trial of this action.
PLEASE TAKE FURTHER NOTICE that, in the event of your failure to comply with
this Notice, the undersigned may move to preclude you from introducing into evidence, and from
otherwise using, each of the documents described and requested herein upon a trial of this action.
DEFINITIONS
The following definitions shall apply to these requests for document production:
"Plaintiff' "Prusik"
A. or means Brian C. Prusik.
"Geddes"
B. shall mean Geddes Federal Savings and Loan Association its present and
former officers, directors, employees, attorneys, accountants, agents, representatives and all other
parties acting on behalf of Geddes and/or its predecessors.
"Liberty"
C. shall mean Liberty Mutual Insurance Group, Inc. its present and former
officers, directors, employees, attorneys, accountants, agents, representatives and all other parties
acting on behalf of Geddes and/or its predecessors.
"Property"
D. The shall mean the property located at 121 Slosson Road, West Monroe,
New York 13167-3125.
"Document"
E. The term shall refer to any printed, written, recorded, typed or
reproduced material, including handwritten material, or electronic or computerized matter from
whatever source, however produced or reproduced, whether in the original or otherwise, whether
sent or received or either, including the original and any non-identical copy (whether different from
{6666878: } Woods Ovigtt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614.
FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019
the original because of notes made on or attached to such a copy or the presence of signatures
indicating execution or otherwise) includi006Eg, without limitation, all correspondence, invoices,
emails, electronic text messages, faxes, agreements, contracts, statements, bills, accountings,
memoranda, internal or otherwise, notes, reports catalogs or other .writings, records or data
storage media, memoranda, notes and summaries of conversations, minutes of meetings,
finañcial records an statements, press releases and announcements, advertisemêñts, tape
recordings, or any other similar material.
F. A document is deemed to refer to or relate to a corporation if it refers or relates to
one or more of that corporation's directors, shareholders, officers, or employees in the context of
their activities or capacities as directors, shareholders, officers or employees.
G. A document is deemed to refer or relate to an unincorporated entity if it refers or
relates to one or more of their entities, partners, officers, or employees and the context of their
activities or capacities as partners, officers or employees.
H. When a request seeks all documents of a specified category or type, and the general
request is followed by the phrase "including, but not limited to", or similar language, and by an
itemized list of documents, or subcategories or subjects of documents, the list of items is intended to
be exemplary, not exclusive.
"identify" "specify"
I. With respect to documents, the terms and shall mean to state the
date, author, sender, copy, recipient, and type of document (e.g., letters, memoranda, charts, etc.) or
other means of identification and its present location or custodian, and, in the case of a document
within the possession, custody or control of Defêñdant, the Defendant will make it available to
Plaintiffs attorneys for inspection and/or copying; and in the case of a document that was, but is no
{6666878: } Woods Ovigtt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019
longer, in the possession or custody and control of the Defendant, what disposition was made of
said document.
"identify"
J. With respect to individuals, the term shall mean to state the name, person
and business addresses, personal and business telephone numbers, and identity of that individual's
position, employment and/or involvement with the Defendant corporation including the length of
that position, employment and/or involvement and the principle business activities of that individual
with respect to the Defendant corporation.
"Place"
K. shall mean the exact address, by street, number, city and state, of any such
location, if ascertainable, or, if not, the best approximation.
"Date"
L. shall mean the exact date, month and year, if ascertainable, or, if not, the best
approximation.
"Time"
M. shall mean the exact time of day, if ascertainable, or, if not, the best
approximation.
DOCUMENTS REQUESTED
1. Any and all pleadings, notices of motion, affidavits, or other submissions in any
foreclosure action.
2. All Documents, including but not limited to invoices and communications, between
Geddes and any person or entity retained by Geddes to perform any work or service at the Property.
3. If any invoices are provided in response to Demand No. 2 above, provide proof of
payment of each invoice.
4. Any and all pleadings filed on behalf of Geddes against any person or entity retained
by Geddes to perform any work or services at the Property.
{6666878: } Woods Ovigtt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019
5. All Documents, communications or correspondence between Geddes and Liberty
Mutual Insurance Group Inc., regarding Brian Prusik and/or the Property.
6. Any and all Documents that Geddes intends to rely upon in support of the allegation
Geddes'
in paragraph 19 of Answer with Counterclaims that Plaintiff failed to "rñaintain the
premises."
7. Any and all Documents that Geddes intends to rely upon to prove the "costs
incurred" Geddes'
by Geddes as alleged in paragraph 19 of Answer with Counterclaims.
8. and all Documents that Geddes intends to rely upon to support the allegation in
Any
Geddes'
paragraph 23 of Answer with Counterclaims that "Plaintiff failed to keep the premises in
repair."
good
9. Any and all Documents that Geddes intends to prove the "waste occasioned on the
premises" Geddes'
mortgaged as alleged in paragraph 24 of Answer with Counterclaims.
10. Any and all Documents that Geddes intends to rely upon to support the allegation in
Geddes'
paragraph 28 of Answer with Counterclaims that Plaintiff "negotiate[ed] an insurance
collateral."
settlement for damage to the property far below the actual damages sustained to the
11. Any and all Documents that Geddes intends to rely upon to support the allegation in
Geddes'
paragraph 29 of Answer with Counterclaims that Plaintiff "converted the funds issued from
company."
the insurance
12. Any and all Documents that Geddes intends to rely upon to support the allegation in
Geddes'
paragraph 30 of Answer with Counterclaims that Geddes "was then forced to expend large
Plaintiff."
sums of money in order to obtain the converted funds from
13. Any and all Documents that Geddes intends to rely upon to support its First
Affirmative Defense that Plaintiffs claim is barred by the doctrine of accord and satisfaction.
{6666878: } Woods Ovigtt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019
14. Any and all Documents that Geddes intends to rely upon to support its Second
Affirmative Defense that Plaintiffs claims are barred by the doctrines of Res Judicata and Collateral
Estoppel.
15. Any and all Documents that Geddes intends to rely upon to support its Third
Affirmative Defense.
16. Any and all Documents that Geddes intends to rely upon to support its Fourth
Affirmative Defense that Plaintiffs damages are barred as caused by intervening and superseding
causative factors.
17. Any and all Documents that Geddes intends to rely upon to support its Fifth
Affirmative Defense that Plaintiff was the sole proximate cause of his own damages.
18. Any and all Documents that Geddes intends to rely upon to support its Sixth
Affirmative Defense pursuant to GOL 15-108.
19. Any and all Documents that Geddes intends to rely upon to support its Seventh
Affirmative Defense that Plaintiffs Complaint fails to state a cause of action.
20. Any and all Documents that Geddes intends to rely upon to support its Eighth
Affirmative Defense that Geddes is entitled to an offset of damages.
21. Any and all Documents that Geddes intends to rely upon to support its Ninth
Affirmative Defense that Geddes conformed and complied with all provisions of the New York
Real Property Actions and Proceedings Law and the Note and Mortgage.
22. Any and all Documêñts that Geddes intends to rely upon to support its Tenth
Affirmative Defense that the parties are equally at fault.
{6666878: } Woods Ovigtt Gilman LLP
700 Crossroads Building
2 State Street
Rochester, New York 14614
FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018
NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019
23. Any and all Documents that Geddes intends to rely upon to support its Eleventh
Affirmative Defense that Plaintiff is guilty of unclean hands.
DATED: December 3, 2018
Rochester, New York WOODS O ATT GILMAN LLP
By:
AnEre'
J. ya , Esq.
tep P. u e, Esq.
A orn ys or laintiff
700 Crossro s Building
2 State Stree
Rochester, New York 14614
(585) 987-2800
aryan@woodsoviatt.com
stephenburke@woodsoviatt.com
TO: Daniel F. Mathews, III, Esq.
Attorney for Defendant
Geddes Federal Savings and Loan Assoc.
120 E. Washington Street
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@sugannanlaw.com
{6666878: } Woods Ovi9tt Gilman LLP
700 C1o sroads Building
Rochester, New York 14614
Preview
FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA PLAINTIFF'S FIRST BRIAN C. PRUSIK DEMAND FOR PRODUCTION OF Plaintiff, DOCUMENTS TO DEFENDANT GEDDES vs. FEDERAL SAVINGS AND LOAN ASSOCIATION LIBERTY MUTUAL INSURANCE GROUP INC., GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, Index No.: E008588/2018 Defendants. PLEASE TAKE NOTICE that, pursuant to CPLR §3101(a) and §3120(a), Plaintiff, Brian C. Prusik ("Prusik"), hereby requests that Defendant Geddes Federal Savings and Loan Association ("Geddes") produce the following documents and materials for inspection, with leave to copy and make a photocopy thereof, at the offices of Woods Oviatt Gilman LLP, 700 Crossroads Building, 2 State Street, Rochester, New York 14614, within 20 days hereof. Unless otherwise stated, this request pertains to the period comraeñcing in or about December 1, 2016, and continuing through the preseñt, and Geddes is required to produce any and all documents pertaining to this entire period. Any and all documents are to be divulged, whether such documents are in the possession of Geddes' the Geddes, officers, agents, employees, attorneys, investigators, or other represêñtatives of Geddes or their attorneys. These document requests are intended as continuing requests. Accordingly, any documents requested herein, which are not now in the possession of Geddes or their representatives as stated {66668 78: } Woods Oviatt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019 above, but which later come into their possession, are to be disclosed at such later time as they come Geddes' into possession. Photocopies of the documents described herein may be supplied to the undersigned in lieu of actual production of these documents, so long as the original documents are preserved by Geddes and produced at any examination before trial and upon the trial of this action. PLEASE TAKE FURTHER NOTICE that, in the event of your failure to comply with this Notice, the undersigned may move to preclude you from introducing into evidence, and from otherwise using, each of the documents described and requested herein upon a trial of this action. DEFINITIONS The following definitions shall apply to these requests for document production: "Plaintiff' "Prusik" A. or means Brian C. Prusik. "Geddes" B. shall mean Geddes Federal Savings and Loan Association its present and former officers, directors, employees, attorneys, accountants, agents, representatives and all other parties acting on behalf of Geddes and/or its predecessors. "Liberty" C. shall mean Liberty Mutual Insurance Group, Inc. its present and former officers, directors, employees, attorneys, accountants, agents, representatives and all other parties acting on behalf of Geddes and/or its predecessors. "Property" D. The shall mean the property located at 121 Slosson Road, West Monroe, New York 13167-3125. "Document" E. The term shall refer to any printed, written, recorded, typed or reproduced material, including handwritten material, or electronic or computerized matter from whatever source, however produced or reproduced, whether in the original or otherwise, whether sent or received or either, including the original and any non-identical copy (whether different from {6666878: } Woods Ovigtt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614. FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019 the original because of notes made on or attached to such a copy or the presence of signatures indicating execution or otherwise) includi006Eg, without limitation, all correspondence, invoices, emails, electronic text messages, faxes, agreements, contracts, statements, bills, accountings, memoranda, internal or otherwise, notes, reports catalogs or other .writings, records or data storage media, memoranda, notes and summaries of conversations, minutes of meetings, finañcial records an statements, press releases and announcements, advertisemêñts, tape recordings, or any other similar material. F. A document is deemed to refer to or relate to a corporation if it refers or relates to one or more of that corporation's directors, shareholders, officers, or employees in the context of their activities or capacities as directors, shareholders, officers or employees. G. A document is deemed to refer or relate to an unincorporated entity if it refers or relates to one or more of their entities, partners, officers, or employees and the context of their activities or capacities as partners, officers or employees. H. When a request seeks all documents of a specified category or type, and the general request is followed by the phrase "including, but not limited to", or similar language, and by an itemized list of documents, or subcategories or subjects of documents, the list of items is intended to be exemplary, not exclusive. "identify" "specify" I. With respect to documents, the terms and shall mean to state the date, author, sender, copy, recipient, and type of document (e.g., letters, memoranda, charts, etc.) or other means of identification and its present location or custodian, and, in the case of a document within the possession, custody or control of Defêñdant, the Defendant will make it available to Plaintiffs attorneys for inspection and/or copying; and in the case of a document that was, but is no {6666878: } Woods Ovigtt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019 longer, in the possession or custody and control of the Defendant, what disposition was made of said document. "identify" J. With respect to individuals, the term shall mean to state the name, person and business addresses, personal and business telephone numbers, and identity of that individual's position, employment and/or involvement with the Defendant corporation including the length of that position, employment and/or involvement and the principle business activities of that individual with respect to the Defendant corporation. "Place" K. shall mean the exact address, by street, number, city and state, of any such location, if ascertainable, or, if not, the best approximation. "Date" L. shall mean the exact date, month and year, if ascertainable, or, if not, the best approximation. "Time" M. shall mean the exact time of day, if ascertainable, or, if not, the best approximation. DOCUMENTS REQUESTED 1. Any and all pleadings, notices of motion, affidavits, or other submissions in any foreclosure action. 2. All Documents, including but not limited to invoices and communications, between Geddes and any person or entity retained by Geddes to perform any work or service at the Property. 3. If any invoices are provided in response to Demand No. 2 above, provide proof of payment of each invoice. 4. Any and all pleadings filed on behalf of Geddes against any person or entity retained by Geddes to perform any work or services at the Property. {6666878: } Woods Ovigtt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019 5. All Documents, communications or correspondence between Geddes and Liberty Mutual Insurance Group Inc., regarding Brian Prusik and/or the Property. 6. Any and all Documents that Geddes intends to rely upon in support of the allegation Geddes' in paragraph 19 of Answer with Counterclaims that Plaintiff failed to "rñaintain the premises." 7. Any and all Documents that Geddes intends to rely upon to prove the "costs incurred" Geddes' by Geddes as alleged in paragraph 19 of Answer with Counterclaims. 8. and all Documents that Geddes intends to rely upon to support the allegation in Any Geddes' paragraph 23 of Answer with Counterclaims that "Plaintiff failed to keep the premises in repair." good 9. Any and all Documents that Geddes intends to prove the "waste occasioned on the premises" Geddes' mortgaged as alleged in paragraph 24 of Answer with Counterclaims. 10. Any and all Documents that Geddes intends to rely upon to support the allegation in Geddes' paragraph 28 of Answer with Counterclaims that Plaintiff "negotiate[ed] an insurance collateral." settlement for damage to the property far below the actual damages sustained to the 11. Any and all Documents that Geddes intends to rely upon to support the allegation in Geddes' paragraph 29 of Answer with Counterclaims that Plaintiff "converted the funds issued from company." the insurance 12. Any and all Documents that Geddes intends to rely upon to support the allegation in Geddes' paragraph 30 of Answer with Counterclaims that Geddes "was then forced to expend large Plaintiff." sums of money in order to obtain the converted funds from 13. Any and all Documents that Geddes intends to rely upon to support its First Affirmative Defense that Plaintiffs claim is barred by the doctrine of accord and satisfaction. {6666878: } Woods Ovigtt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019 14. Any and all Documents that Geddes intends to rely upon to support its Second Affirmative Defense that Plaintiffs claims are barred by the doctrines of Res Judicata and Collateral Estoppel. 15. Any and all Documents that Geddes intends to rely upon to support its Third Affirmative Defense. 16. Any and all Documents that Geddes intends to rely upon to support its Fourth Affirmative Defense that Plaintiffs damages are barred as caused by intervening and superseding causative factors. 17. Any and all Documents that Geddes intends to rely upon to support its Fifth Affirmative Defense that Plaintiff was the sole proximate cause of his own damages. 18. Any and all Documents that Geddes intends to rely upon to support its Sixth Affirmative Defense pursuant to GOL 15-108. 19. Any and all Documents that Geddes intends to rely upon to support its Seventh Affirmative Defense that Plaintiffs Complaint fails to state a cause of action. 20. Any and all Documents that Geddes intends to rely upon to support its Eighth Affirmative Defense that Geddes is entitled to an offset of damages. 21. Any and all Documents that Geddes intends to rely upon to support its Ninth Affirmative Defense that Geddes conformed and complied with all provisions of the New York Real Property Actions and Proceedings Law and the Note and Mortgage. 22. Any and all Documêñts that Geddes intends to rely upon to support its Tenth Affirmative Defense that the parties are equally at fault. {6666878: } Woods Ovigtt Gilman LLP 700 Crossroads Building 2 State Street Rochester, New York 14614 FILED: ONONDAGA COUNTY CLERK 05/09/2019 11:25 AM INDEX NO. 008588/2018 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 05/09/2019 23. Any and all Documents that Geddes intends to rely upon to support its Eleventh Affirmative Defense that Plaintiff is guilty of unclean hands. DATED: December 3, 2018 Rochester, New York WOODS O ATT GILMAN LLP By: AnEre' J. ya , Esq. tep P. u e, Esq. A orn ys or laintiff 700 Crossro s Building 2 State Stree Rochester, New York 14614 (585) 987-2800 aryan@woodsoviatt.com stephenburke@woodsoviatt.com TO: Daniel F. Mathews, III, Esq. Attorney for Defendant Geddes Federal Savings and Loan Assoc. 120 E. Washington Street 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@sugannanlaw.com {6666878: } Woods Ovi9tt Gilman LLP 700 C1o sroads Building Rochester, New York 14614