On April 26, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Yangsil Kang Individually And As A Shareholder On Behalf Of Elim Home Care Agency, Llc And Evergreen Adult Daycare Center Inc.,
Yangsil Kang
Individually And As A Shareholder On Behalf Of Elim Home Care Agency, Llc And Evergreen Adult Daycare Center Inc.,
and
Byuyngi Koo A K A James Koo,
Byuyngi Koo
A K A James Koo,
Elim Home Care Agency, Llc,
Evergreen Adult Daycare Center Inc.,
Evergreen Adult Day Care In Flushing, Inc.,
Evergreen Adult Day Care In Ny, Inc.,
Evergreen Flushing New York Llc,
Evergreen Homecare Service Of Ny, Inc.,
Evergreen Senior Daycare Center Inc.,
Hyoungjong Koo A K A Tommy Koo,
Hyoungjong Koo
A K A Tommy Koo,
Sr Homecare Of Ny, Inc.,
for Commercial - Business Entity
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 126
93 RECEIVED NYSCEF: 02/14/2023
07/31/2022
Exhibit G
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 126
93 RECEIVED NYSCEF: 02/14/2023
07/31/2022
From: Andrew D. Grossman, Esq.
Sent: Wednesday, October 20, 2021 10:57 AM
To: jinhan finhanlaw.com
Subject: Re: Yangsil - Dispute
KANG, Discovery
Hi Jin,
I am surprised by your disingenuous shock and dismay: we sent you the very documents you requested,
redacted to protect personal health information. They were presented in an organized. bates stamped
production. and delivered to you electronically to avoid printing 32,000 pages of records. as we discussed.
dumping"
"Document refers to a strategy of producing irrelevant documents that were not requested. These
documents were all directly requested by you, and when we complained that your demands were overbroad,
you filed a motion to compel our compliance. You should not now be heard to complain that you have now
received it. Redacting and organizing these records took two paralegals almost one full day each, so I do not
appreciate your characterization of our efforts as some nefarious strategy. If you were unable to view the
documents, how can you ascertain whether they constitute document dumping?
I remind you that your client directly caused these companies to enter into a $900,000 settlement on a wage
and hour case. You asked for the records related to that claim; we produced them. As your client was a
named defendant in that action, there is no way those records can be seen as irrelevant or unrelated to the
instant dispute. Moreover. you requested them. and now complain that there are too many of them.
downloading/'
After reading that you could only see five pages after "hours of attempted l double checked by
opening the file from my home computer. It took a few minutes. but the entire file opened correctly. While we
have no obligation to give you technical support advice. I wil[ suggest that you transfer the file from the drive
to your computer first. before attempting to open it directly from the drive. if your complaint is that you would
like us to send this as, say, twenty smaller files instead of one large file. you can simply ask for that without
taking an accusatory tone.
With regards to your production, you presume incorrectly, as discovery obligations are independent and
nothing about your difficulty opening this file obviates your need to respond to our discovery demands; your
obligations are not tolled. We made much more modest requests, and the production should reflect that. I
am available at 4pm today to speak via phone on my cell. (859) 494-5135. t trust and expect that you will
meet and confer in a professional manner, in contrast to the tone of your late night email. It frank@y took an
extraordinary effort to produce these documents to you, and your complaints and accusations are not well
taken.
FILED: QUEENS COUNTY CLERK 02/14/2023
07/31/2022 10:51
02:21 PM
AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 126
93 RECEIVED NYSCEF: 02/14/2023
07/31/2022
Sincerely,
Andrew D. Grossman. Esq.. Partner
Rha Kim Grossman & McIl ain, LLP
Manhattan: 266 W 37th St. Suite 1600
New York, NY 10018
Queens: 215-10 Northern Blvd Suite 201
Bayside, NY 11361
Tel. (718) 321-9797
Fax.
(718)
321-9799
CONFIDENTIALITY NOTICE:
This email and the information contained herein and attachments hereto are legally privileged and
confidential information intended only for the use of the individual or entity named above. If the
reader of this email is not the intended recipient, you are hereby notified that any forwarding,
dissemination, use, distribution or copying of this email, its contents, and/or its attachments, or the
taking of any action in reliance on the contents thereof is strictly prohibited. If you have received this
email in error, please immediately notify the sender and delete the email and any attachments and
destroy any tangible manifestation thereof. Thank you.
U.S. Treasury Circular 230 Notice: To the extent that there is any tax advice contained in this
communication (including any attachments), it was not intended or written to be used, and cannot be
used, for the purpose of (a) avoiding penalties that may be imposed under the Internal Revenue Code
or by any other applicable tax authority or (b) promoting, marketing or recommending to another party
any tax-related matter addressed herein. We provide this disclosure on all outbound e-mails from our
practice group to assure compliance with new standards of professional practice regarding
conformity of our tax advice to certain requirements as to form and substance
Please note that, as always, these documents are sent for negotiation purposes only. Our client will
not be bound in any way whatsoever unless and until a fully executed contracttagreement is delivered
to the client
Document Filed Date
February 14, 2023
Case Filing Date
April 26, 2019
Category
Commercial - Business Entity
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FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 126 93 RECEIVED NYSCEF: 02/14/2023 07/31/2022 Exhibit G FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 126 93 RECEIVED NYSCEF: 02/14/2023 07/31/2022 From: Andrew D. Grossman, Esq. Sent: Wednesday, October 20, 2021 10:57 AM To: jinhan finhanlaw.com Subject: Re: Yangsil - Dispute KANG, Discovery Hi Jin, I am surprised by your disingenuous shock and dismay: we sent you the very documents you requested, redacted to protect personal health information. They were presented in an organized. bates stamped production. and delivered to you electronically to avoid printing 32,000 pages of records. as we discussed. dumping" "Document refers to a strategy of producing irrelevant documents that were not requested. These documents were all directly requested by you, and when we complained that your demands were overbroad, you filed a motion to compel our compliance. You should not now be heard to complain that you have now received it. Redacting and organizing these records took two paralegals almost one full day each, so I do not appreciate your characterization of our efforts as some nefarious strategy. If you were unable to view the documents, how can you ascertain whether they constitute document dumping? I remind you that your client directly caused these companies to enter into a $900,000 settlement on a wage and hour case. You asked for the records related to that claim; we produced them. As your client was a named defendant in that action, there is no way those records can be seen as irrelevant or unrelated to the instant dispute. Moreover. you requested them. and now complain that there are too many of them. downloading/' After reading that you could only see five pages after "hours of attempted l double checked by opening the file from my home computer. It took a few minutes. but the entire file opened correctly. While we have no obligation to give you technical support advice. I wil[ suggest that you transfer the file from the drive to your computer first. before attempting to open it directly from the drive. if your complaint is that you would like us to send this as, say, twenty smaller files instead of one large file. you can simply ask for that without taking an accusatory tone. With regards to your production, you presume incorrectly, as discovery obligations are independent and nothing about your difficulty opening this file obviates your need to respond to our discovery demands; your obligations are not tolled. We made much more modest requests, and the production should reflect that. I am available at 4pm today to speak via phone on my cell. (859) 494-5135. t trust and expect that you will meet and confer in a professional manner, in contrast to the tone of your late night email. It frank@y took an extraordinary effort to produce these documents to you, and your complaints and accusations are not well taken. FILED: QUEENS COUNTY CLERK 02/14/2023 07/31/2022 10:51 02:21 PM AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 126 93 RECEIVED NYSCEF: 02/14/2023 07/31/2022 Sincerely, Andrew D. Grossman. Esq.. Partner Rha Kim Grossman & McIl ain, LLP Manhattan: 266 W 37th St. Suite 1600 New York, NY 10018 Queens: 215-10 Northern Blvd Suite 201 Bayside, NY 11361 Tel. (718) 321-9797 Fax. (718) 321-9799 CONFIDENTIALITY NOTICE: This email and the information contained herein and attachments hereto are legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this email is not the intended recipient, you are hereby notified that any forwarding, dissemination, use, distribution or copying of this email, its contents, and/or its attachments, or the taking of any action in reliance on the contents thereof is strictly prohibited. If you have received this email in error, please immediately notify the sender and delete the email and any attachments and destroy any tangible manifestation thereof. Thank you. U.S. Treasury Circular 230 Notice: To the extent that there is any tax advice contained in this communication (including any attachments), it was not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties that may be imposed under the Internal Revenue Code or by any other applicable tax authority or (b) promoting, marketing or recommending to another party any tax-related matter addressed herein. We provide this disclosure on all outbound e-mails from our practice group to assure compliance with new standards of professional practice regarding conformity of our tax advice to certain requirements as to form and substance Please note that, as always, these documents are sent for negotiation purposes only. Our client will not be bound in any way whatsoever unless and until a fully executed contracttagreement is delivered to the client