Preview
FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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GARY HANNANT, as the Administrator of the Estate
of MICHAEL HANNANT, Deceased, and GARY COMBINED DEMANDS
HANNANT and CINDY HANNANT, Individually,
Index No.: 157521/2022
Plaintiffs,
- against -
ERIC ABT, ROBERT WEINSTEIN, 855-857 NINTH
AVENUE CORP., NEW NINTH AVENUE CORP.,
BOARD OF DIRECTORS OF NEW NINTH
AVENUE CORP., AIRBNB, INC., AIRBNB
TRAVEL, LLC, AIRBNB STAYS, INC., NEW
BEDFORD MANAGEMENT CORP., SIREN
MANAGEMENT CORP., AND JOHN DOES 1-10,
Defendants.
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PLEASE TAKE NOTICE that Defendant SIREN MANAGEMENT CORP. (“Siren”),
represented by its attorneys, Nicoletti Hornig & Sweeney, hereby demands that GARY
HANNANT, as the Administrator of the Estate of MICHAEL HANNANT, Deceased, and GARY
HANNANT and CINDY HANNANT, Individually, (“Plaintiffs”) produce the following for
inspection and copying at the office of Nicoletti Hornig & Sweeney, Wall Street Plaza, 88 Pine
Street, 7th Floor, New York, New York, 10005 and/or disclose the following specified documents
and/or information in their possession, custody, and/or control within thirty (30) days from the
date of this demand.
PLEASE TAKE FURTHER NOTICE that in the event that Plaintiffs have no
knowledge, information, or responsive documents to any of the above matters, Plaintiffs shall so
state in a reply.
DEMAND FOR ACCIDENT REPORTS
Siren hereby demands, pursuant to CPLR § 3101(g), that Plaintiffs produce a copy of any
and all written reports prepared in the regular course of business regarding the alleged accident
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that is the subject of Plaintiffs’ Complaint. If Plaintiffs are not in possession of any such reports
or if no such reports exist, please so state in a formal response.
DEMAND FOR WITNESS INFORMATION
Siren hereby demands, pursuant to CPLR 3101, CPLR 3102, and CPLR 3118, that
Plaintiffs serve upon the undersigned a list of:
1. The name(s) of each and every individual who spoke, discussed, or otherwise
communicated with Plaintiffs and/or Plaintiff’s Decedent about the occurrences alleged in
Plaintiffs’ Complaint, together with the business and residence address and primary contact
information of each named individual, any notes or memoranda made by such individual or by
anyone on behalf of Plaintiffs or their attorneys with respect to each such conversation,
discussion, or review.
2. The name(s) and address(es) of each and every person claimed by Plaintiffs to be a
witness to any of the following:
a. The occurrences(s) alleged in Plaintiffs’ Complaint;
b. Any acts, omissions, or conditions that allegedly caused the occurrence(s)
alleged in the pleadings;
c. The nature and duration of the condition(s) which is alleged to have caused
or contributed to the incident which forms that basis of this action;
d. Any actual notice given to the defendant(s), their agents, servants, and/or
employees of any fact(s) or condition(s) alleged to have caused or
contributed to the incident that forms the basis of this action;
e. Any conversations had between the parties to this action; and,
f. Any statement or admission made by the parties to this action, their, agents,
servants, and/or employees.
If no such witnesses or statements are known, please so state in the sworn reply to this
demand. In the event that Plaintiffs fail to comply with this demand, the undersigned will move
for an Order of Preclusion and/or the undersigned will object upon trial to the testimony of any
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witnesses not so identified.
DEMAND FOR COLLATERAL SOURCE INFORMATION
Siren hereby demands, pursuant to CPLR 4545, that Plaintiffs serve a verified statement
setting forth the following:
1. Whether Plaintiffs have been reimbursed or indemnified for economic loss
claimed in this action from any collateral source. If the answer to the foregoing is
yes, set forth:
a. State for which of such claims Plaintiffs have received payment, the
amount of payment, and the name and address of the person, firm, or
organization that made such payment; and
b. If such payment was made by an insurance company, state the policy
number under which such payments were made.
2. Whether Plaintiffs have made a claim for payment for economic loss which
has not yet been paid. If the answer to the foregoing is yes, set forth the following:
a. The name of the person, firm, or organization to whom such claim was
presented, the date of presentation, and the amount claimed; and
b. If such claim was presented to an insurance company, state the policy
number under which such payments were made.
Plaintiffs are required to provide a copy of the policies in effect for each collateral source
provider. This demand is a continuing demand and if any of the information and/or documents
requested above is subsequently obtained, they shall be provided in accordance with this demand.
DEMAND FOR DAMAGES
Siren hereby demands, pursuant to CPLR 3017(c), that within fifteen (15) days from the
date of service of this request, Plaintiffs set forth the total damages to which Plaintiffs deem
themselves entitled and to list same separately for each cause of action in the Complaint.
DEMAND FOR EXPERT WITNESS INFORMATION
Siren hereby demands, pursuant to CPLR 3101(d) that Plaintiffs disclose materials
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pertaining to trial experts to the undersigned within thirty (30) days of the service of this Demand.
1. With respect to each person that Plaintiffs expect to call to give testimony
at the time of trial in this action, please provide the following information:
a. Name and address of each expert Plaintiffs expect to call as an expert
witness at trial;
b. The subject matter on which each expert is expected to testify at trial;
c. The substance of facts and the substance of opinion on which each
expert is expected to testify at trial;
d. The undergraduate and graduate schools attended by each expert;
e. All states in which the expert is licensed or certified;
f. The location and nature of any and all post-graduate work/internships,
residences, and/or fellowships performed by each expert;
g. A detailed statement of the subject matter on which each expert is
expected to testify;
h. A summary of the grounds for each expert’s opinion, including but not
limited to, all pleadings, transcripts, documents, treatises, studies,
reports; and other items reviewed by each expert in preparing for and
rendering their opinion; and,
i. A copy of all reports of each expert.
Plaintiffs are obligated to update the information requested in this demand, especially if
new or different trial experts are retained during the trial preparation process. Each item of this
demand must be answered separately and categorically under its own number/letter.
DEMAND FOR PHOTOGRAPHS AND VIDEO
Siren hereby demands, pursuant to CPLR 3120, that Plaintiffs disclose for inspection,
reproduction, or copying all photographs, negatives, blow-ups, photographic enhancements,
enlargements of materials and exhibits, movies, and videotapes or other recordings depicting the
scene of the alleged occurrence, the condition(s) alleged to have caused the incident that forms
the basis of this action, injuries and/or damages allegedly sustained as a result of the alleged
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occurrence, and/or other such images relevant to any of the issues in this lawsuit.
SOCIAL MEDIA DEMAND
Siren hereby demands, pursuant to CPLR 3017(c), that Plaintiffs produce for inspection
and copying at the office of Nicoletti Hornig & Sweeney, Wall Street Plaza, 88 Pine Street, 7th
Floor, New York, New York, 10005-1801, not later than thirty (30) days after service of this
request, the following documents:
1. Duly executed and acknowledged written authorizations to obtain full access to
and copies of all Plaintiffs’ and Plaintiffs’ Decedent’s current and historical social
networking accounts, including but not limited to Facebook, MySpace, Twitter,
Instagram, LinkedIn, YouTube, TikTok, etc., for the period of five (5) years prior
to the date of the alleged accident through the present.
a. Said Authorizations shall permit the release of full and complete copies
of said accounts including but not limited to all records, information,
photographs, videos, comments, messages, and posting on the
aforementioned social networking accounts currently existing and
deleted; and,
b. Said Authorizations shall include the name, username, screen name,
and e-mail account used in creating each and every social networking
account.
2. If Plaintiffs and/or Plaintiffs’ Decedent were not, and still are not, a registered user
of any social network during the requested time period, demand is hereby made
that Plaintiff provide statements, under oath, to that effect.
Siren hereby further demands that Plaintiffs retain and preserve/refrain from the deletion
in whole or in part of all of Plaintiffs’ and Plaintiffs’ Decedent’s social networking profiles and
information with respect to any current and historical social networking accounts, including but
not limited to Facebook, MySpace, Twitter, Instagram, LinkedIn, YouTube, etc., existing as of
the date of this demand. Failure to retain social networking profiles and information will result in
a motion based upon the spoliation of evidence at or before trial.
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DEMAND TO PRESERVE EVIDENCE
Siren hereby demands that Plaintiffs retain and preserve any and all electronic devices in
Plaintiffs’ possession and/or on Plaintiffs’ Decedent at the time of the alleged incident and on the
date thereof, and/or utilized by Plaintiffs’ Decedent in the course of documenting or memorializing
information that may have relevance herein, in their original condition, including but not limited
to: any smartphone, cellphone, camera, smartwatch, activity or fitness tracker (e.g., Fitbit), pager,
laptop, computer, or other electronic device capable of storing information.
Siren hereby further demands that Plaintiffs retain and preserve all of the electronic data
stored on the devices in their possession and/or control listed in the foregoing paragraph.
Siren hereby further demands that Plaintiffs retain and preserve all electronic data stored
and in their possession and/or control on the internet, including websites and cloud services,
including but not limited to iCloud, Google Drive, Dropbox, and OneDrive.
Siren hereby further demands that Plaintiffs retain and preserve all evidence that is within
their possession and/or control or their attorneys’ possession and/or control that may have
relevance herein, in its original condition.
Siren hereby further demands that Plaintiffs retain and preserve all evidence that is within
their possession and/or control or the possession and/or control of their attorneys that may have
relevance herein, in its original condition, including but not limited to any tools or equipment
alleged to have been involved in the accident, and any electronic devices and data listed in the
foregoing paragraphs.
In the event of the failure to comply with this Demand, the undersigned will move for all
appropriate relief, including, but not limited to, dismissal based on the spoliation of any and all
unpreserved evidence.
If no such evidence is known to Plaintiffs, they shall so state in a sworn reply to this
demand.
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DEMAND FOR STATEMENTS
Siren hereby demands, pursuant to CPLR 3101(e), that Plaintiffs produce copies of all
statements, including but not limited to their agents, servants, representatives, and/or employees,
including any oral, stenographic, or written statements, whether signed or unsigned, regarding
each and every occurrence alleged in the Complaint. If Plaintiffs are not in possession of any such
statements or if no such statements exist, please so state in a formal response.
PLEASE TAKE FURTHER NOTICE that Siren expressly reserves the right to
supplement this demand based upon the results of future discovery.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand creating an
ongoing obligation to furnish the above-demanded information, statements, and records upon any
party’s acquisition of same until the conclusion of the subject litigation. The undersigned will
object at the time of trial to the production of any witness, information, statements, or records
called for in this demand and will move to preclude the testimony of any such witness or use of
information or records called for in this demand and not disclosed.
PLEASE TAKE FURTHER NOTICE that failure to comply with these Demands within
thirty (30) days hereof will serve as a basis for a motion for appropriate sanctions, including but
not limited to an order precluding any evidence sought herein at the trial of this matter.
Dated: New York, New York
April 21, 2023
NICOLETTI HORNIG & SWEENEY
Attorneys for Defendant
Siren Management Corp.
_________________________________________
Barbara A. Sheehan, Esq.
Jenna L. Hazlett, Esq.
Wall Street Plaza
88 Pine Street, 7th Floor
New York, New York 10005
T: (212) 220-3830
File No. 91000473 BAS/JLH
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TO: VIA NYSCEF
LAW OFFICES OF ERIC DINNOCENZO
Attorneys for Plaintiffs
469 7th Avenue, 12th Floor
New York, New York 10018
T: (212) 933-1675
eric@dinnocenzolaw.com
HANNUM FERETIC PRENDERGAST & MERLINO, LLC
Attorneys for Defendant Eric Abt
55 Broadway, Suite 202
New York, New York 10006
(212) 530-3914
Attn: Ian Lane, Esq.
ilane@hfpmlaw.com
TANE WATERMAN & WURTZEL, P.C.
Attorneys for Defendant Robert Weinstein
120 Broadway #948
New York, New York 10271
(212)766-4000
Attn: Aaron J. Everhart, Esq.
aeverhart@tww.nyc
GERBER CIANO KELLY BRADY, LLP
Attorneys for Defendant 855-857 Ninth Avenue Corp.
P.O. Box 1060
Buffalo, New York 14201
(516) 693-8342
Attn: Jeffrey Migdalen, Esq.
jmigdalen@gerberciano.com
RIVKIN RADLER LLP
Attorneys for Defendants New Ninth Avenue Corp.
and Board of Directors of New Ninth Avenue Corp.
477 Madison Avenue, Suite 410
New York, New York 10022
(212) 455-9555
Attn: Evan Schieber, Esq.
Evan.schieber@rivkin.com
O’MELVENY & MYERS LLP
Attorneys for Defendants Airbnb, Inc.
Airbnb Travel, LLC and Airbnb Stays, Inc.
7 Times Square
New York, New York 10036
(212) 326-2262
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Attn: Nexus Uzoma Sea, Esq.
nsea@omm.com
MORRIS DUFFY ALONSO & FALEY
Attorney for New Bedford Management Corp.
101 Greenwich Street, 22nd Floor
New York, New York 10006
(212) 766-1888
Attn: Doris Duffy, Esq.
driosduffy@mdafny.com
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Preview
FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X GARY HANNANT, as the Administrator of the Estate of MICHAEL HANNANT, Deceased, and GARY COMBINED DEMANDS HANNANT and CINDY HANNANT, Individually, Index No.: 157521/2022 Plaintiffs, - against - ERIC ABT, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP., BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., AND JOHN DOES 1-10, Defendants. --------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendant SIREN MANAGEMENT CORP. (“Siren”), represented by its attorneys, Nicoletti Hornig & Sweeney, hereby demands that GARY HANNANT, as the Administrator of the Estate of MICHAEL HANNANT, Deceased, and GARY HANNANT and CINDY HANNANT, Individually, (“Plaintiffs”) produce the following for inspection and copying at the office of Nicoletti Hornig & Sweeney, Wall Street Plaza, 88 Pine Street, 7th Floor, New York, New York, 10005 and/or disclose the following specified documents and/or information in their possession, custody, and/or control within thirty (30) days from the date of this demand. PLEASE TAKE FURTHER NOTICE that in the event that Plaintiffs have no knowledge, information, or responsive documents to any of the above matters, Plaintiffs shall so state in a reply. DEMAND FOR ACCIDENT REPORTS Siren hereby demands, pursuant to CPLR § 3101(g), that Plaintiffs produce a copy of any and all written reports prepared in the regular course of business regarding the alleged accident 1 of 9 FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 that is the subject of Plaintiffs’ Complaint. If Plaintiffs are not in possession of any such reports or if no such reports exist, please so state in a formal response. DEMAND FOR WITNESS INFORMATION Siren hereby demands, pursuant to CPLR 3101, CPLR 3102, and CPLR 3118, that Plaintiffs serve upon the undersigned a list of: 1. The name(s) of each and every individual who spoke, discussed, or otherwise communicated with Plaintiffs and/or Plaintiff’s Decedent about the occurrences alleged in Plaintiffs’ Complaint, together with the business and residence address and primary contact information of each named individual, any notes or memoranda made by such individual or by anyone on behalf of Plaintiffs or their attorneys with respect to each such conversation, discussion, or review. 2. The name(s) and address(es) of each and every person claimed by Plaintiffs to be a witness to any of the following: a. The occurrences(s) alleged in Plaintiffs’ Complaint; b. Any acts, omissions, or conditions that allegedly caused the occurrence(s) alleged in the pleadings; c. The nature and duration of the condition(s) which is alleged to have caused or contributed to the incident which forms that basis of this action; d. Any actual notice given to the defendant(s), their agents, servants, and/or employees of any fact(s) or condition(s) alleged to have caused or contributed to the incident that forms the basis of this action; e. Any conversations had between the parties to this action; and, f. Any statement or admission made by the parties to this action, their, agents, servants, and/or employees. If no such witnesses or statements are known, please so state in the sworn reply to this demand. In the event that Plaintiffs fail to comply with this demand, the undersigned will move for an Order of Preclusion and/or the undersigned will object upon trial to the testimony of any 2 of 9 FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 witnesses not so identified. DEMAND FOR COLLATERAL SOURCE INFORMATION Siren hereby demands, pursuant to CPLR 4545, that Plaintiffs serve a verified statement setting forth the following: 1. Whether Plaintiffs have been reimbursed or indemnified for economic loss claimed in this action from any collateral source. If the answer to the foregoing is yes, set forth: a. State for which of such claims Plaintiffs have received payment, the amount of payment, and the name and address of the person, firm, or organization that made such payment; and b. If such payment was made by an insurance company, state the policy number under which such payments were made. 2. Whether Plaintiffs have made a claim for payment for economic loss which has not yet been paid. If the answer to the foregoing is yes, set forth the following: a. The name of the person, firm, or organization to whom such claim was presented, the date of presentation, and the amount claimed; and b. If such claim was presented to an insurance company, state the policy number under which such payments were made. Plaintiffs are required to provide a copy of the policies in effect for each collateral source provider. This demand is a continuing demand and if any of the information and/or documents requested above is subsequently obtained, they shall be provided in accordance with this demand. DEMAND FOR DAMAGES Siren hereby demands, pursuant to CPLR 3017(c), that within fifteen (15) days from the date of service of this request, Plaintiffs set forth the total damages to which Plaintiffs deem themselves entitled and to list same separately for each cause of action in the Complaint. DEMAND FOR EXPERT WITNESS INFORMATION Siren hereby demands, pursuant to CPLR 3101(d) that Plaintiffs disclose materials 3 of 9 FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 pertaining to trial experts to the undersigned within thirty (30) days of the service of this Demand. 1. With respect to each person that Plaintiffs expect to call to give testimony at the time of trial in this action, please provide the following information: a. Name and address of each expert Plaintiffs expect to call as an expert witness at trial; b. The subject matter on which each expert is expected to testify at trial; c. The substance of facts and the substance of opinion on which each expert is expected to testify at trial; d. The undergraduate and graduate schools attended by each expert; e. All states in which the expert is licensed or certified; f. The location and nature of any and all post-graduate work/internships, residences, and/or fellowships performed by each expert; g. A detailed statement of the subject matter on which each expert is expected to testify; h. A summary of the grounds for each expert’s opinion, including but not limited to, all pleadings, transcripts, documents, treatises, studies, reports; and other items reviewed by each expert in preparing for and rendering their opinion; and, i. A copy of all reports of each expert. Plaintiffs are obligated to update the information requested in this demand, especially if new or different trial experts are retained during the trial preparation process. Each item of this demand must be answered separately and categorically under its own number/letter. DEMAND FOR PHOTOGRAPHS AND VIDEO Siren hereby demands, pursuant to CPLR 3120, that Plaintiffs disclose for inspection, reproduction, or copying all photographs, negatives, blow-ups, photographic enhancements, enlargements of materials and exhibits, movies, and videotapes or other recordings depicting the scene of the alleged occurrence, the condition(s) alleged to have caused the incident that forms the basis of this action, injuries and/or damages allegedly sustained as a result of the alleged 4 of 9 FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 occurrence, and/or other such images relevant to any of the issues in this lawsuit. SOCIAL MEDIA DEMAND Siren hereby demands, pursuant to CPLR 3017(c), that Plaintiffs produce for inspection and copying at the office of Nicoletti Hornig & Sweeney, Wall Street Plaza, 88 Pine Street, 7th Floor, New York, New York, 10005-1801, not later than thirty (30) days after service of this request, the following documents: 1. Duly executed and acknowledged written authorizations to obtain full access to and copies of all Plaintiffs’ and Plaintiffs’ Decedent’s current and historical social networking accounts, including but not limited to Facebook, MySpace, Twitter, Instagram, LinkedIn, YouTube, TikTok, etc., for the period of five (5) years prior to the date of the alleged accident through the present. a. Said Authorizations shall permit the release of full and complete copies of said accounts including but not limited to all records, information, photographs, videos, comments, messages, and posting on the aforementioned social networking accounts currently existing and deleted; and, b. Said Authorizations shall include the name, username, screen name, and e-mail account used in creating each and every social networking account. 2. If Plaintiffs and/or Plaintiffs’ Decedent were not, and still are not, a registered user of any social network during the requested time period, demand is hereby made that Plaintiff provide statements, under oath, to that effect. Siren hereby further demands that Plaintiffs retain and preserve/refrain from the deletion in whole or in part of all of Plaintiffs’ and Plaintiffs’ Decedent’s social networking profiles and information with respect to any current and historical social networking accounts, including but not limited to Facebook, MySpace, Twitter, Instagram, LinkedIn, YouTube, etc., existing as of the date of this demand. Failure to retain social networking profiles and information will result in a motion based upon the spoliation of evidence at or before trial. 5 of 9 FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 DEMAND TO PRESERVE EVIDENCE Siren hereby demands that Plaintiffs retain and preserve any and all electronic devices in Plaintiffs’ possession and/or on Plaintiffs’ Decedent at the time of the alleged incident and on the date thereof, and/or utilized by Plaintiffs’ Decedent in the course of documenting or memorializing information that may have relevance herein, in their original condition, including but not limited to: any smartphone, cellphone, camera, smartwatch, activity or fitness tracker (e.g., Fitbit), pager, laptop, computer, or other electronic device capable of storing information. Siren hereby further demands that Plaintiffs retain and preserve all of the electronic data stored on the devices in their possession and/or control listed in the foregoing paragraph. Siren hereby further demands that Plaintiffs retain and preserve all electronic data stored and in their possession and/or control on the internet, including websites and cloud services, including but not limited to iCloud, Google Drive, Dropbox, and OneDrive. Siren hereby further demands that Plaintiffs retain and preserve all evidence that is within their possession and/or control or their attorneys’ possession and/or control that may have relevance herein, in its original condition. Siren hereby further demands that Plaintiffs retain and preserve all evidence that is within their possession and/or control or the possession and/or control of their attorneys that may have relevance herein, in its original condition, including but not limited to any tools or equipment alleged to have been involved in the accident, and any electronic devices and data listed in the foregoing paragraphs. In the event of the failure to comply with this Demand, the undersigned will move for all appropriate relief, including, but not limited to, dismissal based on the spoliation of any and all unpreserved evidence. If no such evidence is known to Plaintiffs, they shall so state in a sworn reply to this demand. 6 of 9 FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 DEMAND FOR STATEMENTS Siren hereby demands, pursuant to CPLR 3101(e), that Plaintiffs produce copies of all statements, including but not limited to their agents, servants, representatives, and/or employees, including any oral, stenographic, or written statements, whether signed or unsigned, regarding each and every occurrence alleged in the Complaint. If Plaintiffs are not in possession of any such statements or if no such statements exist, please so state in a formal response. PLEASE TAKE FURTHER NOTICE that Siren expressly reserves the right to supplement this demand based upon the results of future discovery. PLEASE TAKE FURTHER NOTICE that this is a continuing demand creating an ongoing obligation to furnish the above-demanded information, statements, and records upon any party’s acquisition of same until the conclusion of the subject litigation. The undersigned will object at the time of trial to the production of any witness, information, statements, or records called for in this demand and will move to preclude the testimony of any such witness or use of information or records called for in this demand and not disclosed. PLEASE TAKE FURTHER NOTICE that failure to comply with these Demands within thirty (30) days hereof will serve as a basis for a motion for appropriate sanctions, including but not limited to an order precluding any evidence sought herein at the trial of this matter. Dated: New York, New York April 21, 2023 NICOLETTI HORNIG & SWEENEY Attorneys for Defendant Siren Management Corp. _________________________________________ Barbara A. Sheehan, Esq. Jenna L. Hazlett, Esq. Wall Street Plaza 88 Pine Street, 7th Floor New York, New York 10005 T: (212) 220-3830 File No. 91000473 BAS/JLH 7 of 9 FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 TO: VIA NYSCEF LAW OFFICES OF ERIC DINNOCENZO Attorneys for Plaintiffs 469 7th Avenue, 12th Floor New York, New York 10018 T: (212) 933-1675 eric@dinnocenzolaw.com HANNUM FERETIC PRENDERGAST & MERLINO, LLC Attorneys for Defendant Eric Abt 55 Broadway, Suite 202 New York, New York 10006 (212) 530-3914 Attn: Ian Lane, Esq. ilane@hfpmlaw.com TANE WATERMAN & WURTZEL, P.C. Attorneys for Defendant Robert Weinstein 120 Broadway #948 New York, New York 10271 (212)766-4000 Attn: Aaron J. Everhart, Esq. aeverhart@tww.nyc GERBER CIANO KELLY BRADY, LLP Attorneys for Defendant 855-857 Ninth Avenue Corp. P.O. Box 1060 Buffalo, New York 14201 (516) 693-8342 Attn: Jeffrey Migdalen, Esq. jmigdalen@gerberciano.com RIVKIN RADLER LLP Attorneys for Defendants New Ninth Avenue Corp. and Board of Directors of New Ninth Avenue Corp. 477 Madison Avenue, Suite 410 New York, New York 10022 (212) 455-9555 Attn: Evan Schieber, Esq. Evan.schieber@rivkin.com O’MELVENY & MYERS LLP Attorneys for Defendants Airbnb, Inc. Airbnb Travel, LLC and Airbnb Stays, Inc. 7 Times Square New York, New York 10036 (212) 326-2262 8 of 9 FILED: NEW YORK COUNTY CLERK 04/21/2023 04:17 PM INDEX NO. 157521/2022 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/21/2023 Attn: Nexus Uzoma Sea, Esq. nsea@omm.com MORRIS DUFFY ALONSO & FALEY Attorney for New Bedford Management Corp. 101 Greenwich Street, 22nd Floor New York, New York 10006 (212) 766-1888 Attn: Doris Duffy, Esq. driosduffy@mdafny.com 9 of 9