Preview
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 121
88 RECEIVED NYSCEF: 02/14/2023
07/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
______________________________________x
YANGSIL KANG, individually and as a shareholder
on behalf of ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAYCARE CENTER, INC., Index No.: 707381/2019
Plaintiff,
-against- DEFENDANTS'
FIRST
DEMAND FOR
SR HOMECARE OF NY INC., DISCOVERY AND
EVERGREEN ADULT DAY CARE IN FLUSHING, INC., INSPECTION
EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC.,
EVERGREEN FLUSHING NEW YORK LLC,
EVERGREEN SENIOR DAY CARE CENTER, INC.,
EVERGREEN HOMECARE SERVICE OF NY, INC.,
BYUNGKI KOO a/1da JAMES KOO and
HYUNGJONG KOO a/k/a TAMMY KOO,
Defendants,
ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAY CARE CENTER, INC.,
Nominal Defendants.
-----------------------_______________-------------X
Counselor:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are hereby
requested to produce for inspection and copying at the law offices of Rha Kim Grossman &
37th
McIlwain, 266 W St., Suite 1600, New York, NY 10018 within 30 days any and all of the
following documents in the possession, custody, and control of Plaintiffs.
DEFINITIONS AND INSTRUCTIONS
"document"
A. The term as used herein means, without limitation, the following
items, whether printed or recorded or reproduced by any other electronic, computer and/or
mechanical process, or written or produced by hand: agreements, communications,
correspondence, telegrams, faxes, memoranda, emails, summaries or records of phone
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 121
88 RECEIVED NYSCEF: 02/14/2023
07/31/2022
conversations or personal conversations or interviews or diaries, graphs, reports, notebooks, note
charts, plans, drawings, sketches, maps, summaries, records, reports of investigations or
consultants, photographs, motion picture film, video tape, laser discs, video graphs, computer
discs, DVDs, cd-rom discs, brochures, pamphlets, circulars, advertisements, tear sheets, press
releases, promotional materials, posters, drafts, letters and all other writings which are in the
possession, custody or control of the Plaintiff (or agents, attorneys or any person acting for the
Defendant or on her behalf), or to which the Plaintiff has access.
B. Unless otherwise specified or the context requires otherwise, documents to be
produced shall include all documents prepared or used at any time since January 1, 2015.
C. Plaintiff is requested to list on the date of production any and all documents
withheld from production on the grounds of privilege, and to specify the grounds or reasons for
any objection. With respect to any documents withheld from production on the grounds of
privilege, please identify each such document by (1) the type of the document; (2) the subject
matter of the document; (3) the date of the document; (4) the author of the document; (5) the
names and addresses of all intended recipients of the document; (6) the present custodian of the
document; and (7) the number of pages of the document. If any information is withheld because
such information is stored electronically, please identify the subject matter of the information
and place or places where such information is maintained as well as the storage media.
D. If any documents requested herein have been lost, discarded, or destroyed, the
documents so lost, discarded or destroyed shall be identified as completely as possible by
providing the information required above in Paragraph C and the following information: date of
disposal, manner of disposal, persons having knowledge of the disposal and person disposing of
the document.
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 121
88 RECEIVED NYSCEF: 02/14/2023
07/31/2022
.
to" to"
E. The words "relating or "relate shall be construed in their broadest sense to
mean directly or indirectly describing, setting forth, discussing, commenting upon, supporting,
contradicting or referring to the subject in question, either in whole or in part.
F. Documents produced pursuant to these requests are to be produced in such a
manner as to indicate clearly the identity of the file in which such documents were located.
"and" "or"
G. Unless otherwise stated, the words and shall be construed either
disjunctively or conjunctively as necessary to bring within the scope of the request all documents
that might otherwise be construed as outside its scope.
H. If any document request cannot be complied with in full, the request should be
complied with to the extent possible, and an explanation should be provided as to why full
compliance is not possible.
"Plaintiff"
I. The term shall mean Yangsil Kang and any attorneys, agents,
employees, principals, successors, assigns or any other person acting or purporting to act on
behalf of Plaintiff.
"Defendants" above-
J. The term shall mean all of the named Defendants in the
referenced action, including the nominal Defendants, and any attorneys, agents, employees,
principals, successors, assigns or any other person acting or purporting to act on behalf of
Defendant.
date"
K. Reference to "the present shall be the date set forth on this document
demand.
L. This request is continuing in character so as to require further and supplemental
production if Plaintiff obtains additional responsive documents between the time of initial
production and the time of hearing or trial.
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 121
88 RECEIVED NYSCEF: 02/14/2023
07/31/2022
DOCUMENTS TO BE PRODUCED
1. Copies of any and all correspondence including but not limited to letters, memos,
text messages, and/or emails exchanged by the Plaintiff and any Defendant from January 1, 2015
through present.
2. Any and all documents that Defendant claims constitute an agreement between
Plaintiff and Defendant, and any modification thereto, including any and all drafts thereof.
3. Personal state and federal tax returns, including all schedules thereto, for 2015
through present.
4. Statements from all bank account for which Plaintiff is an authorized signer, from
January 1, 2015 through present.
5. All documents that reflect, evidence, discuss, or show the payment of money from
Plaintiff to any of the Defendants, at any time.
6. Any and all applications sent to the New York State Department of Health seeking
authorization for the Plaintiff to be an owner, manager, or profit participant in any of the
Defendants, along with the Department of Health's response(s) thereto.
7. Any and all documents containing, referencing, or evidencing the employment
terms of Plaintiff's employment by any Defendant, including without limitation salary, title, job
duties, and length of contract.
8. Any and all evidence Plaintiff intends to introduce at trial, including material to be
used for impeachment purposes.
9. Any and all correspondence from Plaintiff to any third party referencing the
Plaintiff's job title, job duties, and/or authority to act on behalf of any Defendant.
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 121
88 RECEIVED NYSCEF: 02/14/2023
07/31/2022
10. Any and all documents evidencing, demonstrating, mentioning, or reflecting the
hours Plaintiff worked at any of the corporate Defendants as an employee.
11. Any and all documents showing, demonstrating, evidencing, or reflecting the
payment of money from any of the Defendants to the Plaintiff.
12. Any and all documents showing, reflecting, demonstrating, or evidencing the
"transfer"
of your investment from Evergreen Senior Services, Inc. to Evergreen Adult Daycare
Center Inc., as alleged in paragraph 39 of your amended complaint.
13. Any and all documents showing, evidencing, or reflecting the payment of money to
you from any third parties from 2015 through present.
14. Any and all documents showing, reflecting, or evidencing your "personal financial
ruin"
as alleged in paragraph 50 of your amended complaint.
15. Any and all documents demonstrating, reflecting, or constituting the business
relationships you had with any third parties, with which you allege the Defendants interfered.
evidence"
16. Any and all documents that constitute the "clear and convincing of the
existence of a fiduciary relationship between you and any Defendant, the promises made to you by
any Defendant, the transfer of property by you to any Defendant, and the unjust enrichment of any
Defendant at your expense, as alleged in your Eighth Cause of Action.
17. Any and all documents showing, reflecting, or evidencing your ownership interest
in any of the corporate Defendants.
18. Any and all documents showing, reflecting, or evidencing your demands for an
accounting to any Defendant.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand, and in the
event that any items subsequently come into your knowledge or possession, you are to provide
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 121
88 RECEIVED NYSCEF: 02/14/2023
07/31/2022
updated responses to this discovery demand. Defendant will object and move for preclusion of
any testimony of any item or request not identified or provided pursuant to this notice.
Dated: New York, New York
June 22, 2021
Rha Kim Grossman & McIlwain, LLP
By: Andrew D. Grossman, Esq.
Attorneys for Defendants
37th
266 W St, Suite 1600
New York, NY 10018
Tel No. (718)321-9797
TO: Law Offices of Jin Han, P.C.
Attorney for Plaintiffs
100 Park Avenue, Suite 1600
New York, NY 10017
Tel.: (917) 701-7976
Preview
FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 121 88 RECEIVED NYSCEF: 02/14/2023 07/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ______________________________________x YANGSIL KANG, individually and as a shareholder on behalf of ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAYCARE CENTER, INC., Index No.: 707381/2019 Plaintiff, -against- DEFENDANTS' FIRST DEMAND FOR SR HOMECARE OF NY INC., DISCOVERY AND EVERGREEN ADULT DAY CARE IN FLUSHING, INC., INSPECTION EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC., EVERGREEN FLUSHING NEW YORK LLC, EVERGREEN SENIOR DAY CARE CENTER, INC., EVERGREEN HOMECARE SERVICE OF NY, INC., BYUNGKI KOO a/1da JAMES KOO and HYUNGJONG KOO a/k/a TAMMY KOO, Defendants, ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAY CARE CENTER, INC., Nominal Defendants. -----------------------_______________-------------X Counselor: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are hereby requested to produce for inspection and copying at the law offices of Rha Kim Grossman & 37th McIlwain, 266 W St., Suite 1600, New York, NY 10018 within 30 days any and all of the following documents in the possession, custody, and control of Plaintiffs. DEFINITIONS AND INSTRUCTIONS "document" A. The term as used herein means, without limitation, the following items, whether printed or recorded or reproduced by any other electronic, computer and/or mechanical process, or written or produced by hand: agreements, communications, correspondence, telegrams, faxes, memoranda, emails, summaries or records of phone FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 121 88 RECEIVED NYSCEF: 02/14/2023 07/31/2022 conversations or personal conversations or interviews or diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries, records, reports of investigations or consultants, photographs, motion picture film, video tape, laser discs, video graphs, computer discs, DVDs, cd-rom discs, brochures, pamphlets, circulars, advertisements, tear sheets, press releases, promotional materials, posters, drafts, letters and all other writings which are in the possession, custody or control of the Plaintiff (or agents, attorneys or any person acting for the Defendant or on her behalf), or to which the Plaintiff has access. B. Unless otherwise specified or the context requires otherwise, documents to be produced shall include all documents prepared or used at any time since January 1, 2015. C. Plaintiff is requested to list on the date of production any and all documents withheld from production on the grounds of privilege, and to specify the grounds or reasons for any objection. With respect to any documents withheld from production on the grounds of privilege, please identify each such document by (1) the type of the document; (2) the subject matter of the document; (3) the date of the document; (4) the author of the document; (5) the names and addresses of all intended recipients of the document; (6) the present custodian of the document; and (7) the number of pages of the document. If any information is withheld because such information is stored electronically, please identify the subject matter of the information and place or places where such information is maintained as well as the storage media. D. If any documents requested herein have been lost, discarded, or destroyed, the documents so lost, discarded or destroyed shall be identified as completely as possible by providing the information required above in Paragraph C and the following information: date of disposal, manner of disposal, persons having knowledge of the disposal and person disposing of the document. FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 121 88 RECEIVED NYSCEF: 02/14/2023 07/31/2022 . to" to" E. The words "relating or "relate shall be construed in their broadest sense to mean directly or indirectly describing, setting forth, discussing, commenting upon, supporting, contradicting or referring to the subject in question, either in whole or in part. F. Documents produced pursuant to these requests are to be produced in such a manner as to indicate clearly the identity of the file in which such documents were located. "and" "or" G. Unless otherwise stated, the words and shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request all documents that might otherwise be construed as outside its scope. H. If any document request cannot be complied with in full, the request should be complied with to the extent possible, and an explanation should be provided as to why full compliance is not possible. "Plaintiff" I. The term shall mean Yangsil Kang and any attorneys, agents, employees, principals, successors, assigns or any other person acting or purporting to act on behalf of Plaintiff. "Defendants" above- J. The term shall mean all of the named Defendants in the referenced action, including the nominal Defendants, and any attorneys, agents, employees, principals, successors, assigns or any other person acting or purporting to act on behalf of Defendant. date" K. Reference to "the present shall be the date set forth on this document demand. L. This request is continuing in character so as to require further and supplemental production if Plaintiff obtains additional responsive documents between the time of initial production and the time of hearing or trial. FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 121 88 RECEIVED NYSCEF: 02/14/2023 07/31/2022 DOCUMENTS TO BE PRODUCED 1. Copies of any and all correspondence including but not limited to letters, memos, text messages, and/or emails exchanged by the Plaintiff and any Defendant from January 1, 2015 through present. 2. Any and all documents that Defendant claims constitute an agreement between Plaintiff and Defendant, and any modification thereto, including any and all drafts thereof. 3. Personal state and federal tax returns, including all schedules thereto, for 2015 through present. 4. Statements from all bank account for which Plaintiff is an authorized signer, from January 1, 2015 through present. 5. All documents that reflect, evidence, discuss, or show the payment of money from Plaintiff to any of the Defendants, at any time. 6. Any and all applications sent to the New York State Department of Health seeking authorization for the Plaintiff to be an owner, manager, or profit participant in any of the Defendants, along with the Department of Health's response(s) thereto. 7. Any and all documents containing, referencing, or evidencing the employment terms of Plaintiff's employment by any Defendant, including without limitation salary, title, job duties, and length of contract. 8. Any and all evidence Plaintiff intends to introduce at trial, including material to be used for impeachment purposes. 9. Any and all correspondence from Plaintiff to any third party referencing the Plaintiff's job title, job duties, and/or authority to act on behalf of any Defendant. FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 121 88 RECEIVED NYSCEF: 02/14/2023 07/31/2022 10. Any and all documents evidencing, demonstrating, mentioning, or reflecting the hours Plaintiff worked at any of the corporate Defendants as an employee. 11. Any and all documents showing, demonstrating, evidencing, or reflecting the payment of money from any of the Defendants to the Plaintiff. 12. Any and all documents showing, reflecting, demonstrating, or evidencing the "transfer" of your investment from Evergreen Senior Services, Inc. to Evergreen Adult Daycare Center Inc., as alleged in paragraph 39 of your amended complaint. 13. Any and all documents showing, evidencing, or reflecting the payment of money to you from any third parties from 2015 through present. 14. Any and all documents showing, reflecting, or evidencing your "personal financial ruin" as alleged in paragraph 50 of your amended complaint. 15. Any and all documents demonstrating, reflecting, or constituting the business relationships you had with any third parties, with which you allege the Defendants interfered. evidence" 16. Any and all documents that constitute the "clear and convincing of the existence of a fiduciary relationship between you and any Defendant, the promises made to you by any Defendant, the transfer of property by you to any Defendant, and the unjust enrichment of any Defendant at your expense, as alleged in your Eighth Cause of Action. 17. Any and all documents showing, reflecting, or evidencing your ownership interest in any of the corporate Defendants. 18. Any and all documents showing, reflecting, or evidencing your demands for an accounting to any Defendant. PLEASE TAKE FURTHER NOTICE that this is a continuing demand, and in the event that any items subsequently come into your knowledge or possession, you are to provide FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 121 88 RECEIVED NYSCEF: 02/14/2023 07/31/2022 updated responses to this discovery demand. Defendant will object and move for preclusion of any testimony of any item or request not identified or provided pursuant to this notice. Dated: New York, New York June 22, 2021 Rha Kim Grossman & McIlwain, LLP By: Andrew D. Grossman, Esq. Attorneys for Defendants 37th 266 W St, Suite 1600 New York, NY 10018 Tel No. (718)321-9797 TO: Law Offices of Jin Han, P.C. Attorney for Plaintiffs 100 Park Avenue, Suite 1600 New York, NY 10017 Tel.: (917) 701-7976