Preview
FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021
EXHIBIT F
FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF SCHENECTADY
***************************** * * * * * * * * * * * * * * *
*A**********^********************-*************
WILLIAM A. EICHENGRUN, JUSTIN STERLING and Response to
GREEN OAK STOCKADE VIEW APARTMENTS, LLC, Document Demands
Plaintiffs, Index #2018-3004
-against-
ROBERT PANASCI, ESQ. and
YOUNG SOMMER WARD RITZENBERG BAKER &
MOORE LLC a/k/a YOUNG/ SOMMER LLC,
Defendants.
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* * * * * * * * * * * 4c * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The plaintiffs, in Response to the Document Demands of the Defendants dated April 17,
17, 2019,
state asfollows:
Correspondence, documents and materials in the possession of the plaintiffs have are provided as
set forth on the Exhibit List, as follows:
1. Letter of Engagement prior legal work 03-25-14
2. Offer Contract for sale at $5,750,000 04-25-16
3. Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 12-02-16
12-02-16
4. E-Mail Dribusch to Eichengrun motion to retain receiver 12-02-16
12-02-16
5. E-Mail Dribusch to Eichengrun - Objections motion retain receiver 12-13-16
12-13-16
6. E-Mail Dribusch to Eichengrun - Receiver Compensation motion 01-17-17
7. Personal Property claim 02-02-17
8. Retainer Agreement Green Oak — - Tully Rinckey 02-13-17
9. E-Mail Eichengrun — - Panaschi -
— Boyle re property valuations 03-15-17
10. E-Mail Eichengrun and Panasci -
10. — re personal property and
insurance issues (after bankruptcy filing) also e-mails 04-08-16 04-10-17
11. Alvey DiMura Oct 10,
11. 10, 2013 Market Value $4,500,00
12. Financial Statements Justin Sterling 03-15-16 06-15-16 06-01-17
12.
13. Referee Report June 22, 2017 Sale $3,350,000 Deficiency $201,348 07-20-17
13.
14. Nolan & Heller letter to Judge Kramer
14. 09-22-17
Copied to Rob Rock and Robert Panasci
15. E-Mails:
15. 09-27-17
09 -27-17
Eichengrun to Panasci - Did You Receive Notice of Sale in June on Stockade
Panasci to Eichengrun - Yes There was a Notice Sent
Panasci to Eichengrun attaching May 23, 2017 Notice of Sale
Panasci to Eichengrun - Until your email this afternoon concerning
the notice of sale, we were not aware Rob Rock was not handling the matter.
16. E-Mails:
16. 10-24-17
10-24-17
Heller said Panasci was attorney of record for two years
Panasci to Boyle and Rock thought they were handling it 10-25-17
10-25-17
17. Robert Rock Affirmation in Opposition Motion dismiss Appeal
17. 10-27-17
10-27-17
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(No exhibits 1818 through 25 as yet)
26. Foreclosure Complaint 03-08-16
27. Notice of Pendency 03-08-16
28. Ex-Parte Order Appointing Receiver 03-14-16
29. Oath of Receiver -- Notice to Attorn 03-22-16
30. Notice of Motion Summary Judgment 05-15-16
31. Answer 05-18-16**
05-18-16
32. Memo of Law/SJ Motion 05-25-16
33. Affidavit in Support of SJ Motion 05-24-16
34. Affid Regularity in Support of SJ Motion 05-24-16
35. Eichengrun Affidavit in Opposition 06-08-16*
36. Plaintiff reply affidavit 06-13-16
37. Reply Memo of Law 06-14-16
38. Order Appointing Counsel 07-01-16
39. Affid & Draft order Appointing Counsel 07-27-17
40. Order Granting Summary Judgment 07-27-16
41. Notice of Motion Judgmnt Fore & Sale 08-04-16
42. Supporting Affirmation 08-04-16
43. Plaintiff Costs 08-04-16
44. Application Attorney Fees 08-04-16
45. Draft Judgment Foreclosure and Sale 09-xx-16
46. Judgment of Foreclosure and Sale 09-15-16*
47. Notice of Foreclosure Sale 10-26-16*
10-26-16*
48. Dribusch Panasci E-Mails re: stay/sale 12-05-16
12-05-16
49. Order Shortening Time to Hear Motion 12-02-16
12-02-16
50. Notice of Motion for Relief Auto Stay 03-01-17
51. Notice of Sale 05-23-17
52. Letter Transmittal to Panasci 06-01-17
53. Referee Report of Sale 07-20-17
54. Heller letter supporting Referee Motion 09-22-17
55. Motion Confirm Sale/Deficiency Judgment 10-03-17
10-03-17
56. NoticeEntryOrder Discharging Receiver 10-13-17
10-13-17
57. Opposition Motion Deficiency Judgment 10-24-17
10-24-17
58. Heller Letter Deficiency Judgment Sterling 10-20-17
10-20-17
59. Motion to Vacate Sale 12-05-17
60. Letter from Court Adjourning appearance 12-14-17
12-14-17
61. Affidavit in Opposition 01-04-18
62. Order Denying Motion to Vacate Sale 01-31-18
63. Bankruptcy Petition - Chapter 1111 11-30-16
11-30-16
64. Bank Motion to Lift Automatic Stay 03-01-17
Motion/Tumover
65. Motion Shorten Time Motion/Turnover 03-09-17
66. Opposition to Motion to Lift Stay 03-15-17
67. Opposition to Motion for Turnover 03-20-17
68. Receive/Custodian Affid in Response 03-20-17
69. Debtor Memo of Law in Support Turnover 04-12-17
70. Debtor Memo in Opposition to Relief Stay 04-19-17
71. Schdy Co Opposition to Turnover 04-19-17
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72. Bank Reply to Further Submission 04-19-17
73. Receiver/Custodian Response 04-19-17
74. Reply to Debtor Supplemental Memo 04-26-17
75. Department of Labor Claim 09-25-17
76. Debtor in Possession Opposition 04-04-18
1. Correspondence, documents and materials regarding plaintiffs retaining defendants as alleged
1.
in the complaint and regarding the scope of the retainer are as follows:
See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits.
More particularly see:
a. One example is a letter of engagement from March 25, 2014 (Exl), sent to William
Eichengrun from Robert Panasci for prior legal work done.
b. Panasci i had the April 15,
15, 2016 purchase offer proposed contract for purchase and sale
(Ex2) at a price of $5,750,000.
c. Attorney Panasci received and retained the Foreclosure Complaint (Ex26) and Notice of
Pendency (Ex27), Ex Parte Order Appointing Receiver (Ex28), Oath of Receiver (Ex29)
provided to him by Mr. Eichengrun and represented all of the plaintiffs from that point
forward in the foreclosure action.
d. The Notice of Motion for Summary Judgment (Ex30) was sent to him from the attorneys
18, 2016, attorney Panasci signed the Answer (Ex31) on
for the Coxsackie Bank. On May 18,
behalf of the defendants, Green Oak Stockade View Apartments, LLC and Justin Sterling,
defendant’s
which was forwarded to defense counsel with a letter of transmittal from defendant's
offices. (Ex31)
e. No other attorneys represented the plaintiffs in the foreclosure action. All motions, notices
and affidavits were sent to the attorneys of record, Robert Panasci of Young/Sommer LLC.
(Ex26 through 62)
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021
f. Attorney Panasci prepared andfiled an Affidavit in opposition signed by Bill Eichengrun
on June 8, 2016 (Ex35)
g. Attorney Panasci appeared on behalf of the plaintiffs herein (the defendants in the
foreclosure action) before Judge Kramer as indicated in the transcript ofproceedings
proceedings on
17, 2016 (Ex40)
June 17,
h. Attorney Panasci recommended Green Oak seek a bankruptcy attorney to stay the
plaintiffs time to make arrangements to
foreclosure proceedings which would allow the plaintiffs'
refinance or pay off the mortgage loan of Coxsackie bank, either with funds of the plaintiffs
or upon the sale of the realty. Mr. Panasci was active in the contact with the banhmptcy
bankruptcy
attorney he recommended, Christian Dribusch (Ex48) and later with the bankruptcy
attorneys at Tully Rinckey.
i. Bankruptcy proceedings andforeclosure action were going on at the same time. (Ex49)
j. Attorney Pamasci was provided with a copy of the March 1,
1, 2017 Motion from Relief of
Stay (Ex51) and the May 23, 2017Notice of Sale. (Ex51)
k. Attorney Heller, the attorney for the Coxsackie Bank, forwarded the Notice of Sale to
attorney Panasci with June 1,
1, 2017 letter of transmittal.
transmittal.(Ex52)
(Ex52)
1.1. Attorney Heller did not forward the Notice of Sale to any other attorney or to William
LEG
Eichengrun or Justin Sterling or Green Oak. Only Robert Panasci of Young/ Sommer LLC
was attorney of record. The motions, letters that were made and
andforwarded
forwarded to conclude the
foreclosure proceedings were forwarded to attorney Panasci. (Exhibits 53-58)
“dropped the ball" it was too late to recover from the blunder.
m. After Attorney Panasci "dropped
n. A motion was filed by attorney Rock of Tully Rinckey to vacate the sale (Ex59) which was
not successful. In the affidavit of Bill Eichengrun, it was stated that an appeal wasfiled in
bankruptcy court to the lifting of the stay and that we were not notified nor was the
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notified. (Ex59)
bankruptcy attorney notified of the Notice of Sale, only Mr. Panasci was notified
o. The attorney for the bank, Justin Heller, pointed out to the court, in his affirmation in
(Ex61) that at all times Robert Panasci has been attorney of record for the
opposition (Ex6I)
defendants in the foreclosure action, Green Oak and Justin Sterling, that attorney Rock
may have represented Green Oak in the bankruptcy proceeding but he never made an
appearance in the foreclosure action and there was no substitution of counsel. Mr. Heller
1, 2017.
indicated that he served attorney Panasci with the Notice of Sale on June 1,
p. The Court denied the motion to vacate the sale. (Ex62) Judge Kramer agreed that attorney
Panasci represented the defendants in the foreclosure action, Justin Sterling and Green
Oak Stockade View Apartments LLC. (Ex62)
2. Any and all correspondence, documents or materials regarding plaintiffs retaining Tully
Rinckey, PLLC, regarding the foreclosure proceeding and the Bankruptcy proceeding and,
additionally, regarding plaintiffs scope of retainer with Tully Rinckey, PLLC are as follows:
1 through 76
See Documents numbered 1 16 as identified on the Plaintiffs List of Exhibits.
More particularly see:
a. The Retainer Agreement in which Green Oak retained Tully Rinckey is Exhibit 8 in the
Plaintiffs’
Plaintiffs' list of exhibits.
b. The plaintiffs hired the defendants to represent them in the foreclosure action.
c. After Attorney Panasci "dropped
“dropped the ball”
ball" it was too late to recover from the blunder.
The plaintiffs hired Tully Rinckey and a motion wasfiled by attorney Rock of Tully Rinckey
to vacate the sale (Ex59) which was not successful. In the affidavit of Bill Eichengrun, it
was stated that an appeal was filed in bankruptcy court to the lifting of the stay and that
we were not notified nor was the bankruptcy attorney notified of the Notice of Sale, only
notified. (Ex59)
Mr. Panasci was notified
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d. The attorney for the bank, Justin Heller, pointed out to the court, in his affirmation in
opposition (Ex61) that at all times Robert Panasci has been attorney of record for the
defendants in the foreclosure action, Green Oak and Justin Sterling, that attorney Rock
may have represented Green Oak in the bankruptcy proceeding but he never made an
appearance in the foreclosure action and there was no substitution of counsel. Mr. Heller
1, 2017.
indicated that he served attorney Panasci with the Notice of Sale on June 1,
e. The Court denied the motion to vacate the sale. (Ex62) Judge Kramer agreed that attorney
Panasci represented the defendants in the foreclosure action and was served with the
Notice of Sale on behalf of the defendants in the foreclosure action. (Ex62)
3. Any and all correspondence, documents, or materials related to defendants representation in
the foreclosure proceeding, whether sent or received by plaintiffs, defendants, or any third
party, including: • Documents filed in the foreclosure proceedings:•Correspondence between
plaintiffs and defendants regarding the foreclosure proceeding:•Correspondence
proceeding:»Correspondence between
proceedings:*Any correspondence
plaintiffs and any third parties regarding the foreclosure proceedings:•Any
between defendants and any third parties regarding the foreclosure proceedings forwarded to
plaintiffs or otherwise obtained by plaintiffs:•Correspondence addressed to or originating from
Tully Rinckey regarding the foreclosure proceedings are as follows:
See Documents numbered 1
1 through 76 as identified on the Plaintiffs List of Exhibits and
more particularly see:
a. 12-02-16 (Ex3)
Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 12-02-16
b. E-Mail Dribusch to Eichengrun motion to retain receiver 12-02-16 (Ex4)
12-02-16
c. 12-13-16 (Ex5)
E-Mail Dribusch to Eichengrun - Objections motion retain receiver 12-13-16
d. E-Mail Dribusch to Eichengrun - Receiver Compensation motion 01-17-17(Ex6)
e. Personal Property claim 02-02-17(Ex7)
f. E-Mail Eichengrun -— Panaschi -
— Boyle re property valuations 03-15-17(Ex9)
g. E-Mail Eichengrun and Panasci -— re personal property and (Ex 10)
(Ex10)
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insurance issues (after bankruptcy filing) also e-mails 04-08-16 04-10-17
h. Alvey DiMura Oct 10, 10, 2013 Market Value $4,500,000 (Exl 1)
(Ex11)
i. Financial Statements Justin Sterling 03-15-16 06-15-16 06-01-17 (Ex 12)
(Ex12)
j. Referee Report June 22, 2017 Sale $3,350,000 Deficiency $201,348 07-20-17 (Ex (Exl3)
1 3)
k. Nolan & Heller letter to Judge Kramer 09-22-17 (Ex 14)
(Ex14)
Copied to Rob Rock and Robert Panasci
l. E-Mails: 09 -27-17
1. (Exl1 5)
(Ex
Eichengrun to Panasci - Did You Receive Notice of Sale in June on Stockade
Panasci to Eichengrun - Yes There was a Notice Sent
Panasci to Eichengrun attaching May 23, 2017 Notice of Sale
Panasci to Eichengrun - Until your email this afternoon concerning
the notice of sale, we were not aware Rob Rock was not handling the matter.
m. E-Mails: 10-24-17 (Ex16)
10-24-17 (Ex16)
n. Heller said Panasci was attorney of record for two years
Panasci to Boyle and Rock thought they were handling it 10-25-17
10-25-17
o. Robert Rock Affirmation in Opposition Motion dismiss Appeal 10-27-17 (Ex
10-27-17 17)
(Ex17)
p. Foreclosure Complaint 03-08-16 (Ex26)
q. Notice of Pendency 03-08-16 (Ex27)
r. Ex-Parte Order Appointing Receiver 03-14-16 (Ex28)
s. Oath of Receiver - — Notice to Attorn 03-22-16 (Ex29)
t. Notice of Motion Summary Judgment 05-15-16 (Ex30)
u. Answer 05-18-16 * (Ex31)
Law/S J Motion
v. Memo of Law/SJ 05-25-16 (Ex32)
w. Affidavit in Support of SJ Motion 05-24-16 (Ex33)
x. Affid Regularity in Support of SJ Motion 05-24-16 (Ex 34)
y. Eichengrun Affidavit in Opposition 06-08-16* (Ex35)
z. Plaintiff reply affidavit 06-13-16 (Ex36)
aa. Reply Memo of Law 06-14-16 (Ex37)
bb. Order Appointing Counsel 07-01-16 (Ex38)
cc. Affid & Draft order Appointing Counsel 07-27-17 (Ex39)
dd. Order Granting Summary Judgment 07-27-16 (Ex40)
ee. Notice of Motion Judgmnt Fore & Sale 08-04-16 (Ex41)
ff. Supporting Affirmation 08-04-16 (Ex42)
gg. Plaintiff Costs 08-04-16 (Ex43)
hh. Application Attorney Fees 08-04-16 (Ex44)
ii. Draft Judgment Foreclosure and Sale 09-xx-16 (Ex45)
jj. Judgment of Foreclosure and Sale 09-15-16* (Ex46)
kk. Notice of Foreclosure Sale 10-26-16*
10-26-16* (Ex47)
11. Dribusch Panasci E-Mails re: stay/sale 12-05-16
12-05-16 (Ex48)
mm. Notice of Motion for Relief Auto Stay 03-01-17
03-0 1-17 (Ex50)
nn. Notice of Sale 05-23-17 (Ex51)
oo. Letter Transmittal to Panasci 06-01-17 (Ex52)
pp. Referee Report of Sale 07-20-17 (Ex53)
qq. Heller letter supporting Referee Motion 09-22-17 (Ex54)
rr. Motion Confirm Sale/Deficiency Judgment 10-03-1710-03-17 (Ex55)
ss. NoticeEntryOrder Discharging Receiver 10-13-17
10-13-17 (Ex56)
ft. Opposition Motion Deficiency Judgment
it 10-24-17
10-24-17 (Ex57)
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uu. Heller Letter Deficiency Judgment Sterling 10-20-17
10-20-17 (Ex58)
vv. Motion to Vacate Sale 12-05-17
12-05-17 (Ex59)
4. LLP’s
Any and all correspondence, documents, or materials related to Tully Rinckey, LLP's
representation in the Bankruptcy Proceeding including • Any and all documents filed in the
Proceeding;*Any correspondence between Plaintiffs and Defendants regarding the
Bankruptcy Proceeding;•Any
Proceeding;»Any correspondence between Plaintiffs and any third parties regarding
Bankruptcy Proceeding;•Any
Proceeding;*Any correspondence between Defendants and any third parties
the Bankruptcy Proceeding;•Any
regarding the Bankruptcy Proceeding forwarded to Plaintiffs or otherwise obtained by Plaintiffs;
»Any correspondence addressed to or originating from Tully Rinckey regarding the
and •Any
Bankruptcy Proceeding are as follows:
See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits and more
particularly see:
12-02-16 (Ex3)
a. Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 12-02-16
b. Retainer Agreement Green Oak - — Tully Rinckey 02-13-17 (Ex8)
c. E-Mail Eichengrun — - Panaschi —
- Boyle re property valuations 03-15-17 (Ex9)
d. E-Mail Eichengrun and Panasci — - re personal property and (Ex 10)
(Ex10)
04-08-J6 04-10-17
insurance issues (after bankruptcy filing) also e-mails 04-08-16
Copied to Rob Rock and Robert Panasci
e. E-Mails: 09 -27-17 (Exl5)
(Ex15)
Eichengrun to Panasci - Did You Receive Notice of Sale in June on Stockade
Panasci to Eichengrun - Yes There was a Notice Sent
Panasci to Eichengrun attaching May 23, 2017 Notice of Sale
Panasci to Eichengrun - Until your email this afternoon concerning
the notice of sale, we were not aware Rob Rock was not handling the matter.
f. E-Mails: 10-24-17
10-24-17 (Ex 16)
(Ex16)
g. Dribusch Panasci E-Mails re: stay/sale 12-05-16
12-05-16 (Ex48)
h. Order Shortening Time to Hear Motion 12-02-16
12-02-16 (Ex49)
i. Bankruptcy Petition - Chapter 11 11 11-30-16
11-30-16 (Ex63)
j. Bank Motion to Lift Automatic Stay 03-01-17 (Ex64)
k. Motion Shorten Time Motion/Turnover 03-09-17 (Ex65)
l. Opposition to Motion to Lift Stay
1. 03-15-17 (Ex66)
m. Opposition to Motion for Turnover 03-20-17 (Ex67)
n. Receive/Custodian Affid in Response 03-20-17 (Ex68)
o. Debtor Memo of Law in Support Turnover 04-12-17 (Ex69)
p. Debtor Memo in Opposition to Relief Stay 04-19-17 (Ex70)
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q. Schdy Co Opposition to Turnover 04-19-17 (Ex71)
r. Bank Reply to Further Submission 04-19-17 (Ex72)
s. Receiver/Custodian Response 04-19-17 (Ex73)
t. Reply to Debtor Supplemental Memo 04-26-17 (Ex74)
u. Department of Labor Claim 09-25-17 (Ex75)
v. Debtor in Possession Opposition 04-04-18 (Ex76)
Rinckey’s
5. Any and all correspondence, documents, or materials related to Tully Rinckey's
representation in the Foreclosure Proceeding, whether sent or received by Plaintiffs,
including:*Any and all documents filed in the Foreclosure
Defendants, or any third parties including:•Any
Proceeding;*Any correspondence between Plaintiffs and Defendants regarding the
Proceeding;•Any
*Any correspondence between Plaintiffs and any third parties
Foreclosure Proceeding; •Any
regarding the Foreclosure Proceeding; •Any
*Any correspondence between Defendants and any
third parties regarding the Foreclosure Proceeding forwarded to Plaintiffs or otherwise
obtained by Plaintiffs; and • Any correspondence addressed to or originating from Tully
Rinckey regarding the Foreclosure Proceeding are as follows:
See Documents numbered 1
1 through 76 as identified on the Plaintiffs List of Exhibits.
And more particularly see:
a. E-Mails: 0909-27-17
-27-17 (Exl5)
(Ex15)
Eichengrun to Panasci - Did You Receive Notice of Sale in June on Stockade
Panasci to Eichengrun - Yes There was a Notice Sent
Panasci to Eichengrun attaching May 23, 2017 Notice of Sale
Panasci to Eichengrun - Until your email this afternoon concerning
the notice of sale, we were not aware Rob Rock was not handling the matter.
b. E-Mails: 10-24-17
10-24-17 (Ex 16)
(Ex16)
c. Heller said Panasci was attorney of record for two years
10-25-17
Panasci to Boyle and Rock thought they were handling it 10-25-17
d. Robert Rock Affirmation in Opposition Motion dismiss Appea110-27-17
Appeal 10-27-17 (Ex17)
(Exl7)
e. Motion to Vacate Sale 12-05-17
12-05-17 (Ex59)
f. Letter from Court Adjourning appearance 12-14-17
12-14-17 (Ex60)
g. Affidavit in Opposition 01-04-18 (Ex61)
h. Order Denying Motion to Vacate Stay 01-31-18 (Ex62)
6. Any and all correspondence, documents, or materials related to the Foreclosure Proceeding
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not previously demanded.
See Documents numbered I1 through 76 as identified on the Plaintiffs List of Exhibits.
7. Any and all correspondence, documents, or materials related to the Bankruptcy Proceeding
not previously demanded.
See Documents numbered 11 through 76 as identified on the Plaintiffs
Plaintiffs' List of Exhibits.
8. Any and all communication between Plaintiffs and the National Bank of Coxsackie, or its
employees, agents, representatives, servicers, or independent contractors, concerning
mortgage and note referenced in Paragraph 8 of the Verified Complaint from the period when
Plaintiffs defaulted on those documents until the present date.
Plaintiffs do not have any documents. Documents were provided to attorney Panasci.
Plaintiffs'
9. Any and all correspondence, documents, or materials regarding Plaintiffs'
Plaintiffs’ alleged plans
referenced in Paragraphs 40, 73, 75 and 117
117 of the Verified Complaint.
See Documents numbered 11 through 76 as identified on the Plaintiffs'
Plaintiffs List of Exhibits.
10. Any and all correspondence, documents, or material regarding Plaintiffs'
10. Plaintiffs’ alleged plans
referenced in Paragraphs 41, 71, and 74 of the Verified Complaint.
See Documents numbered 1
1 through 76 as identified on the Plaintiffs List of Exhibits.
11. Any and all correspondence, documents, or material regarding Defendants alleged awareness
of the motivations of the National Bank of Coxsackie, as referenced in Paragraph 42 of the
Verified Complaint.
See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits.
12. Any and all correspondence, documents, or materials regarding Plaintiffs'
12. Plaintiffs’ alleged continued
representation by Defendants as referenced in Paragraphs 46,48, 49, 83, 84, 85, 86, 87, 105,
105,
162, and 163 of the Verified Complaint.
162,
1 through 76 as identified on the Plaintiffs List of Exhibits.
See Documents numbered 1
10
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13. Any and all correspondence, documents, or materials regarding Plaintiffs'
13. Plaintiffs’ alleged payment to
Tully Rinckey as referenced in Paragraph 60 of the Verified Complaint.
Plaintiffs do not have any such documents.
14. Any and all documents or materials regarding Plaintiffs'
Plaintiffs’ financial condition, and more
specifically their ability to pay off the fees referenced in Paragraph 68 or the Verified
Complaint.
See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits.
12 Financial Statements Justin Sterling
More particularly see Exhibit 12
15. Any and all documents or material establishing Plaintiffs'
15. Plaintiffs’ alleged ability to appear and bid at
the foreclosure sale as referenced in Paragraph 69 of the Verified Complaint.
See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits.
12 - Financial Statements Justin Sterling
More particularly see Exhibit 12
16. Any and all documents or materials establishing Plaintiffs'
16. Plaintiffs’ alleged ability to exercise their
right of redemption and pay off the balance due on the mortgage as referenced in Paragraph
69 of the Verified Complaint.
See Documents numbered 1
1 through 76 as identified on the Plaintiffs List of Exhibits.
More particularly see Exhibit 12
12 - Financial Statements Justin Sterling
17. Any and all documents and materials establishing Plaintiffs'
17. Plaintiffs’ real estate with equity, funds
from the sale of real estate, pension accounts, and other assets that were allegedly sufficient
to fund preserving the property as alleged in Paragraph 70 of the Verified Complaint.
See Documents numbered 11 through 76 as identified on the Plaintiffs'
Plaintiffs List of Exhibits.
More particularly see Exhibit 12
12 - Financial Statements Justin Sterling
11
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18. Any and all documents and materials establishing Defendants'
18. Defendants’ alleged awareness of
Plaintiffs’ real estate with equity, funds from the sale of real estate, pension accounts, and
Plaintiffs'
other assets that were allegedly sufficient to fund preserving the property as alleged in
Paragraph 70 of the Verified Complaint.
See Documents numbered 1
1 through 76 as identified on the Plaintiffs List of Exhibits.
More particularly see Exhibit 12
12 - Financial Statements Justin Sterling
19. Any and all correspondence, documents, or materials regarding the alleged appraised value
19.
of the real estate as referenced in Paragraphs 111,
111, 112,
112, 113,
113, 119,
119, 120,
120, 121,
121, 122,
122, 130,
130, 131,
131,
137, 165,
137, 165, and 166
166 of the Verified Complaint.
See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits.
More particularly see:
Offer Contract for sale at $5,750,000 (Ex2)
Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 (Ex3)
E-Mail Eichengrun - — Panasci -— Boyle re property valuations (Ex9)
Alvey DiMura Oct 10,10, 2013 Market Value $4,500,000 (Exll)
(Ex1 1)
20. Any and all correspondence, documents, or materials regarding the alleged appraised value
114 of the Verified Complaint.
of the real estate as referenced in Paragraph 114
See Documents numbered 11 through 76 as identified on the Plaintiffs'
Plaintiffs List of Exhibits.
More particularly see:
Offer Contract for sale at $5,750,000 (Ex2)
Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 (Ex3)
E-Mail Eichengrun - — Panaschi -— Boyle re property valuations (Ex9)
Alvey DiMura Oct 10,10, 2013 Market Value $4,500,000 (Exll)
(Ex11)
21. Any and all correspondence, documents, or materials regarding the successful bid at the
115 of the Verified Complaint.
foreclosure sale as alleged in Paragraph 115
12
12
FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021
See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits.
More particularly see:
see
a. Notice of Sale 05-23-17 (Ex51)
b. Letter Transmittal to Panasci 06-01-17 (Ex52)
c. Referee Report of Sale 07-20-17 (Ex53)
d. Heller letter supporting Referee Motion 09-22-17 (Ex54)
e. Motion Confirm Sale/Deficiency Judgment 10-03-17
10-03-17 (Ex55)
f. NoticeEntryOrder Discharging Receiver 10-13-17
10-13-17 (Ex56)
g. Opposition Motion Deficiency Judgment 10-24-17
10-24-17 (Ex57)
h. Heller Letter Deficiency Judgment Sterling 10-20-17
10-20-17 (Ex58)
i. Motion to Vacate Sale 12-05-17
Preview
FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 EXHIBIT F FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SCHENECTADY ***************************** * * * * * * * * * * * * * * * *A**********^********************-************* WILLIAM A. EICHENGRUN, JUSTIN STERLING and Response to GREEN OAK STOCKADE VIEW APARTMENTS, LLC, Document Demands Plaintiffs, Index #2018-3004 -against- ROBERT PANASCI, ESQ. and YOUNG SOMMER WARD RITZENBERG BAKER & MOORE LLC a/k/a YOUNG/ SOMMER LLC, Defendants. **^Je**Vf?t*5*:'Ar**J:J:*A*3t^r5|f****?t****^:********'5*:3t5t*^r** * * * * * * * * * * * 4c * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The plaintiffs, in Response to the Document Demands of the Defendants dated April 17, 17, 2019, state asfollows: Correspondence, documents and materials in the possession of the plaintiffs have are provided as set forth on the Exhibit List, as follows: 1. Letter of Engagement prior legal work 03-25-14 2. Offer Contract for sale at $5,750,000 04-25-16 3. Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 12-02-16 12-02-16 4. E-Mail Dribusch to Eichengrun motion to retain receiver 12-02-16 12-02-16 5. E-Mail Dribusch to Eichengrun - Objections motion retain receiver 12-13-16 12-13-16 6. E-Mail Dribusch to Eichengrun - Receiver Compensation motion 01-17-17 7. Personal Property claim 02-02-17 8. Retainer Agreement Green Oak — - Tully Rinckey 02-13-17 9. E-Mail Eichengrun — - Panaschi - — Boyle re property valuations 03-15-17 10. E-Mail Eichengrun and Panasci - 10. — re personal property and insurance issues (after bankruptcy filing) also e-mails 04-08-16 04-10-17 11. Alvey DiMura Oct 10, 11. 10, 2013 Market Value $4,500,00 12. Financial Statements Justin Sterling 03-15-16 06-15-16 06-01-17 12. 13. Referee Report June 22, 2017 Sale $3,350,000 Deficiency $201,348 07-20-17 13. 14. Nolan & Heller letter to Judge Kramer 14. 09-22-17 Copied to Rob Rock and Robert Panasci 15. E-Mails: 15. 09-27-17 09 -27-17 Eichengrun to Panasci - Did You Receive Notice of Sale in June on Stockade Panasci to Eichengrun - Yes There was a Notice Sent Panasci to Eichengrun attaching May 23, 2017 Notice of Sale Panasci to Eichengrun - Until your email this afternoon concerning the notice of sale, we were not aware Rob Rock was not handling the matter. 16. E-Mails: 16. 10-24-17 10-24-17 Heller said Panasci was attorney of record for two years Panasci to Boyle and Rock thought they were handling it 10-25-17 10-25-17 17. Robert Rock Affirmation in Opposition Motion dismiss Appeal 17. 10-27-17 10-27-17 11 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 (No exhibits 1818 through 25 as yet) 26. Foreclosure Complaint 03-08-16 27. Notice of Pendency 03-08-16 28. Ex-Parte Order Appointing Receiver 03-14-16 29. Oath of Receiver -- Notice to Attorn 03-22-16 30. Notice of Motion Summary Judgment 05-15-16 31. Answer 05-18-16** 05-18-16 32. Memo of Law/SJ Motion 05-25-16 33. Affidavit in Support of SJ Motion 05-24-16 34. Affid Regularity in Support of SJ Motion 05-24-16 35. Eichengrun Affidavit in Opposition 06-08-16* 36. Plaintiff reply affidavit 06-13-16 37. Reply Memo of Law 06-14-16 38. Order Appointing Counsel 07-01-16 39. Affid & Draft order Appointing Counsel 07-27-17 40. Order Granting Summary Judgment 07-27-16 41. Notice of Motion Judgmnt Fore & Sale 08-04-16 42. Supporting Affirmation 08-04-16 43. Plaintiff Costs 08-04-16 44. Application Attorney Fees 08-04-16 45. Draft Judgment Foreclosure and Sale 09-xx-16 46. Judgment of Foreclosure and Sale 09-15-16* 47. Notice of Foreclosure Sale 10-26-16* 10-26-16* 48. Dribusch Panasci E-Mails re: stay/sale 12-05-16 12-05-16 49. Order Shortening Time to Hear Motion 12-02-16 12-02-16 50. Notice of Motion for Relief Auto Stay 03-01-17 51. Notice of Sale 05-23-17 52. Letter Transmittal to Panasci 06-01-17 53. Referee Report of Sale 07-20-17 54. Heller letter supporting Referee Motion 09-22-17 55. Motion Confirm Sale/Deficiency Judgment 10-03-17 10-03-17 56. NoticeEntryOrder Discharging Receiver 10-13-17 10-13-17 57. Opposition Motion Deficiency Judgment 10-24-17 10-24-17 58. Heller Letter Deficiency Judgment Sterling 10-20-17 10-20-17 59. Motion to Vacate Sale 12-05-17 60. Letter from Court Adjourning appearance 12-14-17 12-14-17 61. Affidavit in Opposition 01-04-18 62. Order Denying Motion to Vacate Sale 01-31-18 63. Bankruptcy Petition - Chapter 1111 11-30-16 11-30-16 64. Bank Motion to Lift Automatic Stay 03-01-17 Motion/Tumover 65. Motion Shorten Time Motion/Turnover 03-09-17 66. Opposition to Motion to Lift Stay 03-15-17 67. Opposition to Motion for Turnover 03-20-17 68. Receive/Custodian Affid in Response 03-20-17 69. Debtor Memo of Law in Support Turnover 04-12-17 70. Debtor Memo in Opposition to Relief Stay 04-19-17 71. Schdy Co Opposition to Turnover 04-19-17 2 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 72. Bank Reply to Further Submission 04-19-17 73. Receiver/Custodian Response 04-19-17 74. Reply to Debtor Supplemental Memo 04-26-17 75. Department of Labor Claim 09-25-17 76. Debtor in Possession Opposition 04-04-18 1. Correspondence, documents and materials regarding plaintiffs retaining defendants as alleged 1. in the complaint and regarding the scope of the retainer are as follows: See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits. More particularly see: a. One example is a letter of engagement from March 25, 2014 (Exl), sent to William Eichengrun from Robert Panasci for prior legal work done. b. Panasci i had the April 15, 15, 2016 purchase offer proposed contract for purchase and sale (Ex2) at a price of $5,750,000. c. Attorney Panasci received and retained the Foreclosure Complaint (Ex26) and Notice of Pendency (Ex27), Ex Parte Order Appointing Receiver (Ex28), Oath of Receiver (Ex29) provided to him by Mr. Eichengrun and represented all of the plaintiffs from that point forward in the foreclosure action. d. The Notice of Motion for Summary Judgment (Ex30) was sent to him from the attorneys 18, 2016, attorney Panasci signed the Answer (Ex31) on for the Coxsackie Bank. On May 18, behalf of the defendants, Green Oak Stockade View Apartments, LLC and Justin Sterling, defendant’s which was forwarded to defense counsel with a letter of transmittal from defendant's offices. (Ex31) e. No other attorneys represented the plaintiffs in the foreclosure action. All motions, notices and affidavits were sent to the attorneys of record, Robert Panasci of Young/Sommer LLC. (Ex26 through 62) 3 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 f. Attorney Panasci prepared andfiled an Affidavit in opposition signed by Bill Eichengrun on June 8, 2016 (Ex35) g. Attorney Panasci appeared on behalf of the plaintiffs herein (the defendants in the foreclosure action) before Judge Kramer as indicated in the transcript ofproceedings proceedings on 17, 2016 (Ex40) June 17, h. Attorney Panasci recommended Green Oak seek a bankruptcy attorney to stay the plaintiffs time to make arrangements to foreclosure proceedings which would allow the plaintiffs' refinance or pay off the mortgage loan of Coxsackie bank, either with funds of the plaintiffs or upon the sale of the realty. Mr. Panasci was active in the contact with the banhmptcy bankruptcy attorney he recommended, Christian Dribusch (Ex48) and later with the bankruptcy attorneys at Tully Rinckey. i. Bankruptcy proceedings andforeclosure action were going on at the same time. (Ex49) j. Attorney Pamasci was provided with a copy of the March 1, 1, 2017 Motion from Relief of Stay (Ex51) and the May 23, 2017Notice of Sale. (Ex51) k. Attorney Heller, the attorney for the Coxsackie Bank, forwarded the Notice of Sale to attorney Panasci with June 1, 1, 2017 letter of transmittal. transmittal.(Ex52) (Ex52) 1.1. Attorney Heller did not forward the Notice of Sale to any other attorney or to William LEG Eichengrun or Justin Sterling or Green Oak. Only Robert Panasci of Young/ Sommer LLC was attorney of record. The motions, letters that were made and andforwarded forwarded to conclude the foreclosure proceedings were forwarded to attorney Panasci. (Exhibits 53-58) “dropped the ball" it was too late to recover from the blunder. m. After Attorney Panasci "dropped n. A motion was filed by attorney Rock of Tully Rinckey to vacate the sale (Ex59) which was not successful. In the affidavit of Bill Eichengrun, it was stated that an appeal wasfiled in bankruptcy court to the lifting of the stay and that we were not notified nor was the 4 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 notified. (Ex59) bankruptcy attorney notified of the Notice of Sale, only Mr. Panasci was notified o. The attorney for the bank, Justin Heller, pointed out to the court, in his affirmation in (Ex61) that at all times Robert Panasci has been attorney of record for the opposition (Ex6I) defendants in the foreclosure action, Green Oak and Justin Sterling, that attorney Rock may have represented Green Oak in the bankruptcy proceeding but he never made an appearance in the foreclosure action and there was no substitution of counsel. Mr. Heller 1, 2017. indicated that he served attorney Panasci with the Notice of Sale on June 1, p. The Court denied the motion to vacate the sale. (Ex62) Judge Kramer agreed that attorney Panasci represented the defendants in the foreclosure action, Justin Sterling and Green Oak Stockade View Apartments LLC. (Ex62) 2. Any and all correspondence, documents or materials regarding plaintiffs retaining Tully Rinckey, PLLC, regarding the foreclosure proceeding and the Bankruptcy proceeding and, additionally, regarding plaintiffs scope of retainer with Tully Rinckey, PLLC are as follows: 1 through 76 See Documents numbered 1 16 as identified on the Plaintiffs List of Exhibits. More particularly see: a. The Retainer Agreement in which Green Oak retained Tully Rinckey is Exhibit 8 in the Plaintiffs’ Plaintiffs' list of exhibits. b. The plaintiffs hired the defendants to represent them in the foreclosure action. c. After Attorney Panasci "dropped “dropped the ball” ball" it was too late to recover from the blunder. The plaintiffs hired Tully Rinckey and a motion wasfiled by attorney Rock of Tully Rinckey to vacate the sale (Ex59) which was not successful. In the affidavit of Bill Eichengrun, it was stated that an appeal was filed in bankruptcy court to the lifting of the stay and that we were not notified nor was the bankruptcy attorney notified of the Notice of Sale, only notified. (Ex59) Mr. Panasci was notified 5 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 d. The attorney for the bank, Justin Heller, pointed out to the court, in his affirmation in opposition (Ex61) that at all times Robert Panasci has been attorney of record for the defendants in the foreclosure action, Green Oak and Justin Sterling, that attorney Rock may have represented Green Oak in the bankruptcy proceeding but he never made an appearance in the foreclosure action and there was no substitution of counsel. Mr. Heller 1, 2017. indicated that he served attorney Panasci with the Notice of Sale on June 1, e. The Court denied the motion to vacate the sale. (Ex62) Judge Kramer agreed that attorney Panasci represented the defendants in the foreclosure action and was served with the Notice of Sale on behalf of the defendants in the foreclosure action. (Ex62) 3. Any and all correspondence, documents, or materials related to defendants representation in the foreclosure proceeding, whether sent or received by plaintiffs, defendants, or any third party, including: • Documents filed in the foreclosure proceedings:•Correspondence between plaintiffs and defendants regarding the foreclosure proceeding:•Correspondence proceeding:»Correspondence between proceedings:*Any correspondence plaintiffs and any third parties regarding the foreclosure proceedings:•Any between defendants and any third parties regarding the foreclosure proceedings forwarded to plaintiffs or otherwise obtained by plaintiffs:•Correspondence addressed to or originating from Tully Rinckey regarding the foreclosure proceedings are as follows: See Documents numbered 1 1 through 76 as identified on the Plaintiffs List of Exhibits and more particularly see: a. 12-02-16 (Ex3) Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 12-02-16 b. E-Mail Dribusch to Eichengrun motion to retain receiver 12-02-16 (Ex4) 12-02-16 c. 12-13-16 (Ex5) E-Mail Dribusch to Eichengrun - Objections motion retain receiver 12-13-16 d. E-Mail Dribusch to Eichengrun - Receiver Compensation motion 01-17-17(Ex6) e. Personal Property claim 02-02-17(Ex7) f. E-Mail Eichengrun -— Panaschi - — Boyle re property valuations 03-15-17(Ex9) g. E-Mail Eichengrun and Panasci -— re personal property and (Ex 10) (Ex10) 6 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 insurance issues (after bankruptcy filing) also e-mails 04-08-16 04-10-17 h. Alvey DiMura Oct 10, 10, 2013 Market Value $4,500,000 (Exl 1) (Ex11) i. Financial Statements Justin Sterling 03-15-16 06-15-16 06-01-17 (Ex 12) (Ex12) j. Referee Report June 22, 2017 Sale $3,350,000 Deficiency $201,348 07-20-17 (Ex (Exl3) 1 3) k. Nolan & Heller letter to Judge Kramer 09-22-17 (Ex 14) (Ex14) Copied to Rob Rock and Robert Panasci l. E-Mails: 09 -27-17 1. (Exl1 5) (Ex Eichengrun to Panasci - Did You Receive Notice of Sale in June on Stockade Panasci to Eichengrun - Yes There was a Notice Sent Panasci to Eichengrun attaching May 23, 2017 Notice of Sale Panasci to Eichengrun - Until your email this afternoon concerning the notice of sale, we were not aware Rob Rock was not handling the matter. m. E-Mails: 10-24-17 (Ex16) 10-24-17 (Ex16) n. Heller said Panasci was attorney of record for two years Panasci to Boyle and Rock thought they were handling it 10-25-17 10-25-17 o. Robert Rock Affirmation in Opposition Motion dismiss Appeal 10-27-17 (Ex 10-27-17 17) (Ex17) p. Foreclosure Complaint 03-08-16 (Ex26) q. Notice of Pendency 03-08-16 (Ex27) r. Ex-Parte Order Appointing Receiver 03-14-16 (Ex28) s. Oath of Receiver - — Notice to Attorn 03-22-16 (Ex29) t. Notice of Motion Summary Judgment 05-15-16 (Ex30) u. Answer 05-18-16 * (Ex31) Law/S J Motion v. Memo of Law/SJ 05-25-16 (Ex32) w. Affidavit in Support of SJ Motion 05-24-16 (Ex33) x. Affid Regularity in Support of SJ Motion 05-24-16 (Ex 34) y. Eichengrun Affidavit in Opposition 06-08-16* (Ex35) z. Plaintiff reply affidavit 06-13-16 (Ex36) aa. Reply Memo of Law 06-14-16 (Ex37) bb. Order Appointing Counsel 07-01-16 (Ex38) cc. Affid & Draft order Appointing Counsel 07-27-17 (Ex39) dd. Order Granting Summary Judgment 07-27-16 (Ex40) ee. Notice of Motion Judgmnt Fore & Sale 08-04-16 (Ex41) ff. Supporting Affirmation 08-04-16 (Ex42) gg. Plaintiff Costs 08-04-16 (Ex43) hh. Application Attorney Fees 08-04-16 (Ex44) ii. Draft Judgment Foreclosure and Sale 09-xx-16 (Ex45) jj. Judgment of Foreclosure and Sale 09-15-16* (Ex46) kk. Notice of Foreclosure Sale 10-26-16* 10-26-16* (Ex47) 11. Dribusch Panasci E-Mails re: stay/sale 12-05-16 12-05-16 (Ex48) mm. Notice of Motion for Relief Auto Stay 03-01-17 03-0 1-17 (Ex50) nn. Notice of Sale 05-23-17 (Ex51) oo. Letter Transmittal to Panasci 06-01-17 (Ex52) pp. Referee Report of Sale 07-20-17 (Ex53) qq. Heller letter supporting Referee Motion 09-22-17 (Ex54) rr. Motion Confirm Sale/Deficiency Judgment 10-03-1710-03-17 (Ex55) ss. NoticeEntryOrder Discharging Receiver 10-13-17 10-13-17 (Ex56) ft. Opposition Motion Deficiency Judgment it 10-24-17 10-24-17 (Ex57) 7 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 uu. Heller Letter Deficiency Judgment Sterling 10-20-17 10-20-17 (Ex58) vv. Motion to Vacate Sale 12-05-17 12-05-17 (Ex59) 4. LLP’s Any and all correspondence, documents, or materials related to Tully Rinckey, LLP's representation in the Bankruptcy Proceeding including • Any and all documents filed in the Proceeding;*Any correspondence between Plaintiffs and Defendants regarding the Bankruptcy Proceeding;•Any Proceeding;»Any correspondence between Plaintiffs and any third parties regarding Bankruptcy Proceeding;•Any Proceeding;*Any correspondence between Defendants and any third parties the Bankruptcy Proceeding;•Any regarding the Bankruptcy Proceeding forwarded to Plaintiffs or otherwise obtained by Plaintiffs; »Any correspondence addressed to or originating from Tully Rinckey regarding the and •Any Bankruptcy Proceeding are as follows: See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits and more particularly see: 12-02-16 (Ex3) a. Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 12-02-16 b. Retainer Agreement Green Oak - — Tully Rinckey 02-13-17 (Ex8) c. E-Mail Eichengrun — - Panaschi — - Boyle re property valuations 03-15-17 (Ex9) d. E-Mail Eichengrun and Panasci — - re personal property and (Ex 10) (Ex10) 04-08-J6 04-10-17 insurance issues (after bankruptcy filing) also e-mails 04-08-16 Copied to Rob Rock and Robert Panasci e. E-Mails: 09 -27-17 (Exl5) (Ex15) Eichengrun to Panasci - Did You Receive Notice of Sale in June on Stockade Panasci to Eichengrun - Yes There was a Notice Sent Panasci to Eichengrun attaching May 23, 2017 Notice of Sale Panasci to Eichengrun - Until your email this afternoon concerning the notice of sale, we were not aware Rob Rock was not handling the matter. f. E-Mails: 10-24-17 10-24-17 (Ex 16) (Ex16) g. Dribusch Panasci E-Mails re: stay/sale 12-05-16 12-05-16 (Ex48) h. Order Shortening Time to Hear Motion 12-02-16 12-02-16 (Ex49) i. Bankruptcy Petition - Chapter 11 11 11-30-16 11-30-16 (Ex63) j. Bank Motion to Lift Automatic Stay 03-01-17 (Ex64) k. Motion Shorten Time Motion/Turnover 03-09-17 (Ex65) l. Opposition to Motion to Lift Stay 1. 03-15-17 (Ex66) m. Opposition to Motion for Turnover 03-20-17 (Ex67) n. Receive/Custodian Affid in Response 03-20-17 (Ex68) o. Debtor Memo of Law in Support Turnover 04-12-17 (Ex69) p. Debtor Memo in Opposition to Relief Stay 04-19-17 (Ex70) 8 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 q. Schdy Co Opposition to Turnover 04-19-17 (Ex71) r. Bank Reply to Further Submission 04-19-17 (Ex72) s. Receiver/Custodian Response 04-19-17 (Ex73) t. Reply to Debtor Supplemental Memo 04-26-17 (Ex74) u. Department of Labor Claim 09-25-17 (Ex75) v. Debtor in Possession Opposition 04-04-18 (Ex76) Rinckey’s 5. Any and all correspondence, documents, or materials related to Tully Rinckey's representation in the Foreclosure Proceeding, whether sent or received by Plaintiffs, including:*Any and all documents filed in the Foreclosure Defendants, or any third parties including:•Any Proceeding;*Any correspondence between Plaintiffs and Defendants regarding the Proceeding;•Any *Any correspondence between Plaintiffs and any third parties Foreclosure Proceeding; •Any regarding the Foreclosure Proceeding; •Any *Any correspondence between Defendants and any third parties regarding the Foreclosure Proceeding forwarded to Plaintiffs or otherwise obtained by Plaintiffs; and • Any correspondence addressed to or originating from Tully Rinckey regarding the Foreclosure Proceeding are as follows: See Documents numbered 1 1 through 76 as identified on the Plaintiffs List of Exhibits. And more particularly see: a. E-Mails: 0909-27-17 -27-17 (Exl5) (Ex15) Eichengrun to Panasci - Did You Receive Notice of Sale in June on Stockade Panasci to Eichengrun - Yes There was a Notice Sent Panasci to Eichengrun attaching May 23, 2017 Notice of Sale Panasci to Eichengrun - Until your email this afternoon concerning the notice of sale, we were not aware Rob Rock was not handling the matter. b. E-Mails: 10-24-17 10-24-17 (Ex 16) (Ex16) c. Heller said Panasci was attorney of record for two years 10-25-17 Panasci to Boyle and Rock thought they were handling it 10-25-17 d. Robert Rock Affirmation in Opposition Motion dismiss Appea110-27-17 Appeal 10-27-17 (Ex17) (Exl7) e. Motion to Vacate Sale 12-05-17 12-05-17 (Ex59) f. Letter from Court Adjourning appearance 12-14-17 12-14-17 (Ex60) g. Affidavit in Opposition 01-04-18 (Ex61) h. Order Denying Motion to Vacate Stay 01-31-18 (Ex62) 6. Any and all correspondence, documents, or materials related to the Foreclosure Proceeding 9 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 not previously demanded. See Documents numbered I1 through 76 as identified on the Plaintiffs List of Exhibits. 7. Any and all correspondence, documents, or materials related to the Bankruptcy Proceeding not previously demanded. See Documents numbered 11 through 76 as identified on the Plaintiffs Plaintiffs' List of Exhibits. 8. Any and all communication between Plaintiffs and the National Bank of Coxsackie, or its employees, agents, representatives, servicers, or independent contractors, concerning mortgage and note referenced in Paragraph 8 of the Verified Complaint from the period when Plaintiffs defaulted on those documents until the present date. Plaintiffs do not have any documents. Documents were provided to attorney Panasci. Plaintiffs' 9. Any and all correspondence, documents, or materials regarding Plaintiffs' Plaintiffs’ alleged plans referenced in Paragraphs 40, 73, 75 and 117 117 of the Verified Complaint. See Documents numbered 11 through 76 as identified on the Plaintiffs' Plaintiffs List of Exhibits. 10. Any and all correspondence, documents, or material regarding Plaintiffs' 10. Plaintiffs’ alleged plans referenced in Paragraphs 41, 71, and 74 of the Verified Complaint. See Documents numbered 1 1 through 76 as identified on the Plaintiffs List of Exhibits. 11. Any and all correspondence, documents, or material regarding Defendants alleged awareness of the motivations of the National Bank of Coxsackie, as referenced in Paragraph 42 of the Verified Complaint. See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits. 12. Any and all correspondence, documents, or materials regarding Plaintiffs' 12. Plaintiffs’ alleged continued representation by Defendants as referenced in Paragraphs 46,48, 49, 83, 84, 85, 86, 87, 105, 105, 162, and 163 of the Verified Complaint. 162, 1 through 76 as identified on the Plaintiffs List of Exhibits. See Documents numbered 1 10 10 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 13. Any and all correspondence, documents, or materials regarding Plaintiffs' 13. Plaintiffs’ alleged payment to Tully Rinckey as referenced in Paragraph 60 of the Verified Complaint. Plaintiffs do not have any such documents. 14. Any and all documents or materials regarding Plaintiffs' Plaintiffs’ financial condition, and more specifically their ability to pay off the fees referenced in Paragraph 68 or the Verified Complaint. See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits. 12 Financial Statements Justin Sterling More particularly see Exhibit 12 15. Any and all documents or material establishing Plaintiffs' 15. Plaintiffs’ alleged ability to appear and bid at the foreclosure sale as referenced in Paragraph 69 of the Verified Complaint. See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits. 12 - Financial Statements Justin Sterling More particularly see Exhibit 12 16. Any and all documents or materials establishing Plaintiffs' 16. Plaintiffs’ alleged ability to exercise their right of redemption and pay off the balance due on the mortgage as referenced in Paragraph 69 of the Verified Complaint. See Documents numbered 1 1 through 76 as identified on the Plaintiffs List of Exhibits. More particularly see Exhibit 12 12 - Financial Statements Justin Sterling 17. Any and all documents and materials establishing Plaintiffs' 17. Plaintiffs’ real estate with equity, funds from the sale of real estate, pension accounts, and other assets that were allegedly sufficient to fund preserving the property as alleged in Paragraph 70 of the Verified Complaint. See Documents numbered 11 through 76 as identified on the Plaintiffs' Plaintiffs List of Exhibits. More particularly see Exhibit 12 12 - Financial Statements Justin Sterling 11 11 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 18. Any and all documents and materials establishing Defendants' 18. Defendants’ alleged awareness of Plaintiffs’ real estate with equity, funds from the sale of real estate, pension accounts, and Plaintiffs' other assets that were allegedly sufficient to fund preserving the property as alleged in Paragraph 70 of the Verified Complaint. See Documents numbered 1 1 through 76 as identified on the Plaintiffs List of Exhibits. More particularly see Exhibit 12 12 - Financial Statements Justin Sterling 19. Any and all correspondence, documents, or materials regarding the alleged appraised value 19. of the real estate as referenced in Paragraphs 111, 111, 112, 112, 113, 113, 119, 119, 120, 120, 121, 121, 122, 122, 130, 130, 131, 131, 137, 165, 137, 165, and 166 166 of the Verified Complaint. See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits. More particularly see: Offer Contract for sale at $5,750,000 (Ex2) Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 (Ex3) E-Mail Eichengrun - — Panasci -— Boyle re property valuations (Ex9) Alvey DiMura Oct 10,10, 2013 Market Value $4,500,000 (Exll) (Ex1 1) 20. Any and all correspondence, documents, or materials regarding the alleged appraised value 114 of the Verified Complaint. of the real estate as referenced in Paragraph 114 See Documents numbered 11 through 76 as identified on the Plaintiffs' Plaintiffs List of Exhibits. More particularly see: Offer Contract for sale at $5,750,000 (Ex2) Motion Bankruptcy Court authorizing sale at minimum of $4,000,000 (Ex3) E-Mail Eichengrun - — Panaschi -— Boyle re property valuations (Ex9) Alvey DiMura Oct 10,10, 2013 Market Value $4,500,000 (Exll) (Ex11) 21. Any and all correspondence, documents, or materials regarding the successful bid at the 115 of the Verified Complaint. foreclosure sale as alleged in Paragraph 115 12 12 FILED: SCHENECTADY COUNTY CLERK 10/22/2021 03:34 PM INDEX NO. 2018-3004 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/22/2021 See Documents numbered 11 through 76 as identified on the Plaintiffs List of Exhibits. More particularly see: see a. Notice of Sale 05-23-17 (Ex51) b. Letter Transmittal to Panasci 06-01-17 (Ex52) c. Referee Report of Sale 07-20-17 (Ex53) d. Heller letter supporting Referee Motion 09-22-17 (Ex54) e. Motion Confirm Sale/Deficiency Judgment 10-03-17 10-03-17 (Ex55) f. NoticeEntryOrder Discharging Receiver 10-13-17 10-13-17 (Ex56) g. Opposition Motion Deficiency Judgment 10-24-17 10-24-17 (Ex57) h. Heller Letter Deficiency Judgment Sterling 10-20-17 10-20-17 (Ex58) i. Motion to Vacate Sale 12-05-17