Preview
FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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INTEGRATED PROJECT DELIVERY PARTNERS, INC.,
Index No.: 160102/2016
Plaintiff,
-against- PLAINTIFF’S .FIRST
SET OF INTERROGATORIES
SUSAN L. SCHUMAN FAMILY TRUST, ILENE TO DEFENDANTS
OSHEROW, SUSAN SCHUMAN, and “JOHN DOE 1”
through “JOHN DOE 10,” said parties being lienors who
have yet to perfect their liens and being fictitious and
unknown to Plaintiff,
Defendants.
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COUNSELOR:
PLEASE TAKE NOTICE, that pursuant to §§ 3130, 3131, 3132, and 3133 of the New York
Civil Practice Law and Rules, plaintiff INTEGRATED PROJECT DELIVERY PARTNERS,
INC. (“IPDP”), by its attorneys, WILSON & CHAN, LLP, hereby request that the defendants SUSAN
L. SCHUMAN FAMILY TRUST, ILENE OSHEROW, SUSAN SCHUMAN (collectively, the
“defendants”), hereby answer separately and in writing under oath, each of the following
interrogatories, within twenty (20) days.
DEFINITIONS AND INSTRUCTIONS
A. Definitions:
1. As used herein, the term “documents” means all writings of any kind, including the
originals and all non-identical copies, whether different from the originals by reason of any
notation made on such copies or otherwise, including without limitation correspondence,
memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies,
checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, certificates,
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drawings, plans, interoffice and intraoffice communications, or offers, notations in any form
made of conversations, telephone calls, meetings or other communications, bulletins, printed
matter (including newspapers, magazines and other publications, and articles and clippings
therefrom), press releases, computer printouts, teletypes, telecopies, electronic mail, invoices,
ledgers, worksheets (and all drafts, alterations, modifications, changes and amendments), graphic
or aural records or representations of any kind (including without limitation photographs, charts,
graphs, and microfiche, microfilm, videotape, or film recordings) and electronic, mechanical or
electrical records or representations of any kind (including without limitation computer files,
tapes, cassettes, discs, recordings, or transcriptions thereof).
2. The term “all documents” means every document, as defined in paragraph 1, above,
which can be located, discovered or obtained by reasonably diligent efforts, including without
limitation all documents possessed by: (a) You or Your counsel; or (b) any other person or entity
from whom You can obtain such documents by request or which You have a legal right to bring
within Your possession by demand.
3. If any request for document is deemed to call for the production of privileged or work
product materials and such privilege or work product is asserted, provide the following
information:
(a) the reason for withholding the document;
(b) a statement of the basis for the claim of privilege, work product or other ground of
nondisclosure; and
(c) a brief description of the document, including:
(i) the date of the document;
(ii) number of pages, attachments, and appendices;
(iii) the name of its author, authors or preparers and an identification by
employment and title of each such person;
(iv) the name of each person who was sent, shown or blind or carbon copied
the document, or has had access to or custody of the document, together
with an identification of each such person;
(v) the present custodian; and
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(vi) the subject matter of the document, and in the case of any document
relating or referring to a meeting or conversation, identification of such
meeting or conversation.
4. If any document requested herein was at one time in existence, but has been lost,
discarded or destroyed, identify each such document and provide the following information:
(a) The date or approximate date it was lost, discarded, or destroyed;
(b) the circumstances and manner in which it was lost, discarded or destroyed;
(c) the reason or reasons for disposing of the document (if discarded or destroyed);
(d) the identity of all persons authorizing or having knowledge of the circumstances
surrounding the disposal of the document;
(e) the identity of the person(s) who lost, discarded or destroyed the document; and
(f) the identity of all persons having knowledge of the contents thereof.
5. “Person” or “persons” means all natural persons, corporations, partnerships or other
business associations, and all other legal entities, including all members, offices, employees,
agents, representatives, attorneys, successors, predecessors, assigns, divisions, affiliates, and
subsidiaries.
6. Each request for the production of a document shall be deemed to call for the production
of the original document or documents, to the extent that they are in or subject to, directly or
indirectly, Your control. In addition, each request should be considered as including all copies
and, to the extent applicable, preliminary drafts, of documents which, as to content, differ in any
respect from the original or final draft or from each other (e.g., by reason of handwritten notes or
comments having been added to one copy of a document but not on the original or other copies
thereto).
7. The term “communications” is used here in the broad sense and includes, but is not
limited to, any and all conversations, meetings, discussions and other occasion for verbal
exchange, whether in person or by telephone, as well as letters, memoranda, telegrams, cables,
and other writings or documents.
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8. The term “relating to” (including any variant thereof) includes referring to, alluding, to,
responding to, concerning, in connection with, commenting on or in respect of, analyzing,
touching upon, and constituting the being, and is not limited to contemporaneous events, actions,
communications, or documents.
9. The use of the singular shall include the plural and the use of the plural shall include the
singular.
10. The term “third-party” as used herein refers to an individual or entity that is not a party to
this action.
11. “Identify” and “state the identity of” mean:
(a) When used with reference to an actual person, to state:
(i) The person’s full name;
(ii) His or her present or last known business address and telephone number; and
(iii) His or her present or last known home address and telephone number.
(b) When used with reference to an institution or, organization, or business entity, to state:
(i) The entity’s legal name; and
(ii) The location of its principal place of operation and main telephone number.
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(c) When used for reference to a document, whether or not that document is presently in
existence, to either produce that document or state:
(i) The identity of the person who signed it or over whose name it was used;
(ii) The date of the document or if undated, the day it was created;
(iii) The nature and substance of the document or writing with sufficient particularity
to enable the document to be identified;
(iv) The identity of each person who created or received an original or copy of it;
(v) The present or last known location and custodian of the document of any copy;
and
(vi) If lost or destroyed, the date when lost or destroyed.
(d) When used for reference to a communication, state:
(i) The date when and place where it took place;
(ii) The means of communication (e.g., telephone, correspondence, personal
conversation, etc.);
(iii) The identity of the participants; and
(iv) The substantive information communicated.
12. “Date” means the exact day, month and year if ascertainable, or, if not, your best
approximation thereof.
13. In the contacts of an interrogatory or response thereto, whenever necessary to bring within
the scope of the interrogatory information that would otherwise be excluded therefrom, the singular
shall mean plural, and masculine gender shall mean the feminine and vice versa.
14. “And” and “or” shall be construed either disjunctively or conjunctively so as to require the
inclusion of materials or information that would otherwise be excluded.
15. As used herein, “IPDP” means INTEGRATED PROJECT DELIVERY PARTNERS,
INC., including any of its partners, members, employees, agents, representatives, attorneys, and
other persons acting (or who acted) or purporting to act (or who purported to act) on its behalf.
16. As used herein, the “Schuman Trust” means the SUSAN L. SCHUMAN FAMILY
TRUST and any of its partners, members, employees, agents, representatives, attorneys, and
other persons acting (or who acted) or purporting to act (or who purported to act) on its behalf.
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17. As used herein, “Osherow” means ILENE OSHEROW and any of its partners, members,
employees, agents, representatives, attorneys, and other persons acting (or who acted) or
purporting to act (or who purported to act) on its behalf.
18. As used herein, “S. Schuman” means SUSAN SCHUMAN and any of its partners,
members, employees, agents, representatives, attorneys, and other persons acting (or who acted)
or purporting to act (or who purported to act) on its behalf.
19. As used herein, the “Defendants” means collectively, SUSAN L. SCHUMAN FAMILY
TRUST, ILENE OSHEROW, SUSAN SCHUMAN and any of its partners, members,
employees, agents, representatives, attorneys, and other persons acting (or who acted) or
purporting to act (or who purported to act) on its behalf.
20. As used herein, the “Project” means the construction project located at 161 Hudson
Street, Apt. 4B, City of New York, County of New York, State of New York and identified by
the Tax Maps as New York County Block No. 215, Lot No. 1212.
21. As used herein, “You” or “Your” means the party to which these demands are directed.
22. The term “third-party” as used herein refers to an individual or entity that is not a party to
this action.
23. As used herein, “Complaint” means the complaint filed in this action.
B. Instructions:
1. These interrogatories are of an ongoing nature, and should plaintiff acquire additional
information responsive to these interrogatories, the answer shall be updated to provide the additional
information pursuant to the CPLR.
2. If a privilege not to answer is claimed, identify such matters as to which privilege is
claimed, the nature of the privilege and the legal and factual basis for such claim.
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3. If a refusal to answer an interrogatory is stated on the grounds of burdensomeness, identify
the number and nature of the documents needed to be searched, the location of the documents and
the number of person hours and costs required to conduct the search.
4. Ifany interrogatory cannot be answered in full, answer to the extent possible and specify
reasons for inability to answer.
5. If you object to any portion of an interrogatory, provide all information called for by those
portions of the interrogatory to which you do not object. For those portions of any interrogatories to
which you object, state in detail the reason for such objection. With respect to each document, or
portion thereof, withheld from production, please state the nature of the document (e.g., letter,
memorandum, computer print out, etc.) on the date of the document identifying the persons who
sent and received the original or a copy of the document, and state the subject matter of the
document.
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INTERROGATORIES
1. State your full name and state any and all other names which you have ever used or by
which you have ever been known.
2. If you are a business entity:
(a) State the name you used, or went by, during your involvement in the events that are
the subject of the pleadings;
(b) State any other names or “d/b/a’s” under which you have ever transacted business;
(c) Are you a Corporation? If so, state:
(i) The name state in the current Articles of Incorporation;
(ii) All the other names used by the corporation during the past 10 years and the
dates each was used; and
(iii) The date and place of the incorporation;
(d) Are you a partnership? If so, state:
(i) The current partnership name;
(ii) All of the names used by the partnership during the past 10 years and the dates
each was used;
(iii)Whether you are a limited partnership and, if so, under the laws of what
jurisdiction;
(iv) The names and address of each general partner;
(v) The address of the principal place of business; and
(vi) Whether you are qualified to do business in New York.
(e) Are you a joint venture? If so, state:
(i) The current joint venture name;
(ii) All the names used by the joint venture during the past 10 years and the dates
each was used;
(iii) The names and address of each joint venture; and
(iv) The address of the principal place of business.
(f) Are you an unincorporated association? If so, state:
(i) The current unincorporated association name;
(ii) All the names used by the unincorporated association in the past 10 years and
the dates each was used; and
(iii) The address of the principal place of business.
3. During the past 5 years has any public entity registered or licensed your business? If so,
for each license or registration:
(a) Identify the license or registration;
(b) State the name of the public entity; and
(c) State the date of the issuance and expiration.
4. Do you have liability insurance, or are you aware of any other form of indemnity or bond,
through which you were or might be insured in any manner for the damages, claims, or actions
that are subject of the pleadings? If you answer “Yes”, please provide the following information
for each policy:
(a) The kind of insurance, indemnity or bond;
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(b) The name of the company or companies, including any excess or umbrella carriers,
which you claim provide coverage;
(c) The policy number or policies numbers of any applicable policy;
(d) The limits or limits of liability of each policy;
(e) The named insured or each policy;
(f) Whether the insurance carrier has accepted or denied coverage; and
(g) Whether you are being defended by the insurance carrier under a reservation of rights.
5. State the name, address, and telephone number of all employees and/or agents involved
in the transactions and events which are the subject of the pleadings.
6. State the name and address of each person whom you believe has knowledge and facts
material to the issues raised in the Complaint and Counterclaim(s) in the above-entitled action.
7. State the name and address of each person whom you may call as a witness to testify at
the trial of the above-entitled action.
8. Identify all documents that you believe support the allegations contained in the
Complaint.
9. Identify all documents that you believe support the allegations contained in your First
Counterclaim.
10. Identify all documents that you believe support the allegations contained in your Second
Counterclaim.
11. Identify all documents that you believe support the allegations contained in your Third
Counterclaim.
12. Indentify all documents that you intend or expect to introduce at the trial of this matter.
13. Describe in detail all facts supporting the claims contained in the Complaint and
Counterclaim(s).
14. Identify all individuals who assisted in the preparation of the answers to these
Interrogatories.
15. Identify all documents that you reviewed and/or relied upon to assist you in preparing
answers to these Interrogatories.
16. Annex hereto copies of any and all correspondence exchanged between plaintiff and any
other party to this lawsuit, their agents, servants, employees or representatives.
17. Annex hereto copies of any and all correspondence exchanged between defendants and
any other party to this lawsuit, their agents, servants, employees or representatives.
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18. State whether any conversations took place between the plaintiff and any other adverse
party to this lawsuit, their agents, servants, employees or representatives. If so, set forth as to
each and every conversation, listing said conversation individually:
(a) The date of the conversation;
(b) The parties to the conversation;
(c) Where the conversation took place;
(d) Whether the conversation was by telephone or in person;
(e) All witnesses to the conversation;
(f) What was said by each party to the conversation; and
(g) Annex hereto copies of all written memoranda in your possession
which memorialize or otherwise relates to the conversation.
19. Set forth whether the defendants contend that the plaintiff made an admission of any
type. If so, state:
(a) The nature of the admission;
(b) The manner in which the admission was made;
(c) The person making the admission;
(d) The person to whom the admission was made;
(e) All witnesses to the admission; and
(f) Annex hereto copies of any writings or memoranda which
memorialize or reflect said admission.
20. Set forth whether the defendants have obtained a statement, recorded, written or
otherwise from any person employed by the plaintiff. If so, state:
(a) The name and address of the person from whom said statement was obtained;
(b) The date the statement was obtained;
(c) The name and address of the person who obtained the statement;
(d) A synopsis of the statement;
(e) Annex a copy of the statement hereto; and
(f) Set forth the names and addresses of all persons who witnessed the statement being
taken.
21. If any expert retained by the defendants in this matter based an opinion, in whole or in
part, upon any interview with any individuals, discussions with any individuals, or reports
received from any source, set forth:
(a) All persons with whom said discussions, interviews or reports were received;
(b) Annex hereto copies of reports received;
(c) Set forth in detail the nature of the interviews and/or discussions;
(d) Annex hereto copies of any written memoranda, notes, statements or other
memorialization of said reports, discussions or interviews.
(e) State whether there was any investigation by any person or authority, public or private, of
the incident referred to in plaintiff’s complaint.
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22. Do you contend that you entered into an agreement which is the subject of these
pleadings? If your answer was “Yes”, please provide the following:
(a) Explain in detail the factual support for your position, identifying all documents you
believe may be relevant to this issue and identifying the name, addresses, and
telephone number of all persons you believe to have knowledge or information
relating to your position;
(b) Describe in detail the factual support for any contention of contract formation,
identifying all documents you believe may be relevant to this issue, and identifying
the name, address, and telephone number of all persons you believe have knowledge
or information relating to your position.
23. With respect to the negotiations leading to the formation of the agreement, identify the
name, address, and telephone number of all persons involved in those negotiations, and identify
all documents that relate to, or were part of, directly or indirectly, the negotiations.
24. If you claim that the contract is an oral contract, please state what you believe to be the
terms and provisions of the contract in detail and state the name, address, and telephone number
of all persons you believe have knowledge or information relating to the terms or provisions of
the oral contract.
25. Do you contend there was a breach of the contract(s) and/or the agreement(s) which is
(are) the subject of the pleadings? If so, for each breach, describe and give the date of every act
of omission that you claim is a breach of the contract.
26. Do you contend that you are entitled to an award of attorneys’ fees in this matter? If so,
identify each and every basis upon which you believe you are entitled to attorneys’ fees (e.g.,
statute, contract, or otherwise).
27. Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous
contract, specifically indentifying ambiguous term(s) or provision(s), and state why it is
ambiguous, and identify all documents that support your contention or ambiguity.
28. For each contract(s) and/or agreement(s) and/or purchase order(s) alleged in the
pleadings:
(a) Identify all documents that are part of the contract and for each state the name,
address, and telephone number of each person who has the document;
(b) State each part of the contract not in writing, the name, address, and telephone
number of each person agreeing to that provision and the date the part of the contract
was made;
(c) Identify all documents that evidence each part of the contract not in writing and for
each state the name, address, and telephone number of each person who has the
document;
(d) Identify all documents that are part of each modification to the contract, and for each
state the name, address, and telephone number of each person who has the document;
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(e) State each modification not in writing, the date, and the name, address, and telephone
number of each person agreeing to the modification, and the date the modification
was made;
(f) Identify all documents that evidence each modification to the contract not in the
writing and for each sate the name, address, and telephone number of each person
who has the document.
29. Was performance of any agreement alleged in the pleadings excused or discharged? If
so, identify each contract excused or discharged and state why performance was excused or
discharged.
30. Was any agreement alleged in the pleadings terminated by mutual agreement, release,
accord and satisfaction, or novation? If so, identify each contract terminated and state why it
was terminated including dates.
31. Is any agreement alleged in the pleadings unenforceable? If so, identify each
unenforceable contract and state why it is unenforceable.
32. State whether there was any other court proceeding brought against any person or entity
regarding the incident referred to in plaintiff’s complaint and/or the defendants’ counterclaim; if
so, state:
(a) The nature of that action;
(b) Where the action was instituted;
(c) If a trial was conducted;
(d) If a trial was conducted, gives names of witnesses who testified and what they
testified to, as well as dates of their testimony;
(e) If there was no trial, set forth the disposition of same; and
(f) Set forth the docket number of same.
33. Identify each and every item of work performed by plaintiff at the project site that is the
subject of this litigation that the defendants claim was completed and/or performed incorrectly,
improperly and/or in non-compliance with the agreement, and for each item of work, set forth
with specificity the following:
(a) The date of work that was performed incorrectly, improperly and/or in non-
compliance with the agreement; and
(b) Set forth the documentation that approved the item of work.
34. Identify each and every item of work performed by the plaintiff at the project site that is
the subject of this litigation that the defendants claim that plaintiff work contained significant
and materials defect and omission, and for each item of damage, set forth with specificity the
calculation of damages.
35. Set forth the date and amount of each and every payment made by the defendants to
plaintiff in connection with the Project that is the subject of this litigation.
36. State the first date on which IPDP provided labor, services or material to the defendants
in connection with the Project.
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37. State the last day on which IPDP provided labor, services or material to the defendants in
connection with the Project.
38. Set forth in detail how You calculated completion contractor costs, if any, and provide a
breakdown of those costs by category.
39. Set forth in detail how and when you notified IPDP of Your costs.
40. State the amount of the damages You seek from IPDP in this action in your first
counterclaim, and state how You computed same, and identify and attach hereto copies of all
documents relating thereto.
41. State the amount of the damages You seek from IPDP in this action in your second
counterclaim, and state how You computed same, and identify and attach hereto copies of all
documents relating thereto.
42. State the amount of the damages You seek from IPDP in this action in your third
counterclaim, and state how You computed same, and identify and attach hereto copies of all
documents relating thereto.
Dated: New York, New York
February 14, 2017
WILSON & CHAN, LLP
By:
Henry C. Chan, Esq.
Attorneys for Plaintiff
INTEGRATED PROJECT DELIVERY
PARTNERS, INC.
733 Third Avenue, 15th Floor
New York, New York 10017
Tel: (646) 790-5848
Fax: (646) 417-7879
hchan@wilsonchanlaw.com
Our File No.: 00450.00002
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To:
Attn: Peter Moulinos, Esq.
MOULINOS & ASSOCIATES LLC
Attorneys for Defendants
150 East 58th Street, 25th Floor
New York, New York 10155
Tel: (212) 832-5981
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FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------- x INTEGRATED PROJECT DELIVERY PARTNERS, INC., Index No.: 160102/2016 Plaintiff, -against- PLAINTIFF’S .FIRST SET OF INTERROGATORIES SUSAN L. SCHUMAN FAMILY TRUST, ILENE TO DEFENDANTS OSHEROW, SUSAN SCHUMAN, and “JOHN DOE 1” through “JOHN DOE 10,” said parties being lienors who have yet to perfect their liens and being fictitious and unknown to Plaintiff, Defendants. ---------------------------------------- x COUNSELOR: PLEASE TAKE NOTICE, that pursuant to §§ 3130, 3131, 3132, and 3133 of the New York Civil Practice Law and Rules, plaintiff INTEGRATED PROJECT DELIVERY PARTNERS, INC. (“IPDP”), by its attorneys, WILSON & CHAN, LLP, hereby request that the defendants SUSAN L. SCHUMAN FAMILY TRUST, ILENE OSHEROW, SUSAN SCHUMAN (collectively, the “defendants”), hereby answer separately and in writing under oath, each of the following interrogatories, within twenty (20) days. DEFINITIONS AND INSTRUCTIONS A. Definitions: 1. As used herein, the term “documents” means all writings of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise, including without limitation correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, certificates, 1 1 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 drawings, plans, interoffice and intraoffice communications, or offers, notations in any form made of conversations, telephone calls, meetings or other communications, bulletins, printed matter (including newspapers, magazines and other publications, and articles and clippings therefrom), press releases, computer printouts, teletypes, telecopies, electronic mail, invoices, ledgers, worksheets (and all drafts, alterations, modifications, changes and amendments), graphic or aural records or representations of any kind (including without limitation photographs, charts, graphs, and microfiche, microfilm, videotape, or film recordings) and electronic, mechanical or electrical records or representations of any kind (including without limitation computer files, tapes, cassettes, discs, recordings, or transcriptions thereof). 2. The term “all documents” means every document, as defined in paragraph 1, above, which can be located, discovered or obtained by reasonably diligent efforts, including without limitation all documents possessed by: (a) You or Your counsel; or (b) any other person or entity from whom You can obtain such documents by request or which You have a legal right to bring within Your possession by demand. 3. If any request for document is deemed to call for the production of privileged or work product materials and such privilege or work product is asserted, provide the following information: (a) the reason for withholding the document; (b) a statement of the basis for the claim of privilege, work product or other ground of nondisclosure; and (c) a brief description of the document, including: (i) the date of the document; (ii) number of pages, attachments, and appendices; (iii) the name of its author, authors or preparers and an identification by employment and title of each such person; (iv) the name of each person who was sent, shown or blind or carbon copied the document, or has had access to or custody of the document, together with an identification of each such person; (v) the present custodian; and 2 2 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 (vi) the subject matter of the document, and in the case of any document relating or referring to a meeting or conversation, identification of such meeting or conversation. 4. If any document requested herein was at one time in existence, but has been lost, discarded or destroyed, identify each such document and provide the following information: (a) The date or approximate date it was lost, discarded, or destroyed; (b) the circumstances and manner in which it was lost, discarded or destroyed; (c) the reason or reasons for disposing of the document (if discarded or destroyed); (d) the identity of all persons authorizing or having knowledge of the circumstances surrounding the disposal of the document; (e) the identity of the person(s) who lost, discarded or destroyed the document; and (f) the identity of all persons having knowledge of the contents thereof. 5. “Person” or “persons” means all natural persons, corporations, partnerships or other business associations, and all other legal entities, including all members, offices, employees, agents, representatives, attorneys, successors, predecessors, assigns, divisions, affiliates, and subsidiaries. 6. Each request for the production of a document shall be deemed to call for the production of the original document or documents, to the extent that they are in or subject to, directly or indirectly, Your control. In addition, each request should be considered as including all copies and, to the extent applicable, preliminary drafts, of documents which, as to content, differ in any respect from the original or final draft or from each other (e.g., by reason of handwritten notes or comments having been added to one copy of a document but not on the original or other copies thereto). 7. The term “communications” is used here in the broad sense and includes, but is not limited to, any and all conversations, meetings, discussions and other occasion for verbal exchange, whether in person or by telephone, as well as letters, memoranda, telegrams, cables, and other writings or documents. 3 3 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 8. The term “relating to” (including any variant thereof) includes referring to, alluding, to, responding to, concerning, in connection with, commenting on or in respect of, analyzing, touching upon, and constituting the being, and is not limited to contemporaneous events, actions, communications, or documents. 9. The use of the singular shall include the plural and the use of the plural shall include the singular. 10. The term “third-party” as used herein refers to an individual or entity that is not a party to this action. 11. “Identify” and “state the identity of” mean: (a) When used with reference to an actual person, to state: (i) The person’s full name; (ii) His or her present or last known business address and telephone number; and (iii) His or her present or last known home address and telephone number. (b) When used with reference to an institution or, organization, or business entity, to state: (i) The entity’s legal name; and (ii) The location of its principal place of operation and main telephone number. 4 4 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 (c) When used for reference to a document, whether or not that document is presently in existence, to either produce that document or state: (i) The identity of the person who signed it or over whose name it was used; (ii) The date of the document or if undated, the day it was created; (iii) The nature and substance of the document or writing with sufficient particularity to enable the document to be identified; (iv) The identity of each person who created or received an original or copy of it; (v) The present or last known location and custodian of the document of any copy; and (vi) If lost or destroyed, the date when lost or destroyed. (d) When used for reference to a communication, state: (i) The date when and place where it took place; (ii) The means of communication (e.g., telephone, correspondence, personal conversation, etc.); (iii) The identity of the participants; and (iv) The substantive information communicated. 12. “Date” means the exact day, month and year if ascertainable, or, if not, your best approximation thereof. 13. In the contacts of an interrogatory or response thereto, whenever necessary to bring within the scope of the interrogatory information that would otherwise be excluded therefrom, the singular shall mean plural, and masculine gender shall mean the feminine and vice versa. 14. “And” and “or” shall be construed either disjunctively or conjunctively so as to require the inclusion of materials or information that would otherwise be excluded. 15. As used herein, “IPDP” means INTEGRATED PROJECT DELIVERY PARTNERS, INC., including any of its partners, members, employees, agents, representatives, attorneys, and other persons acting (or who acted) or purporting to act (or who purported to act) on its behalf. 16. As used herein, the “Schuman Trust” means the SUSAN L. SCHUMAN FAMILY TRUST and any of its partners, members, employees, agents, representatives, attorneys, and other persons acting (or who acted) or purporting to act (or who purported to act) on its behalf. 5 5 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 17. As used herein, “Osherow” means ILENE OSHEROW and any of its partners, members, employees, agents, representatives, attorneys, and other persons acting (or who acted) or purporting to act (or who purported to act) on its behalf. 18. As used herein, “S. Schuman” means SUSAN SCHUMAN and any of its partners, members, employees, agents, representatives, attorneys, and other persons acting (or who acted) or purporting to act (or who purported to act) on its behalf. 19. As used herein, the “Defendants” means collectively, SUSAN L. SCHUMAN FAMILY TRUST, ILENE OSHEROW, SUSAN SCHUMAN and any of its partners, members, employees, agents, representatives, attorneys, and other persons acting (or who acted) or purporting to act (or who purported to act) on its behalf. 20. As used herein, the “Project” means the construction project located at 161 Hudson Street, Apt. 4B, City of New York, County of New York, State of New York and identified by the Tax Maps as New York County Block No. 215, Lot No. 1212. 21. As used herein, “You” or “Your” means the party to which these demands are directed. 22. The term “third-party” as used herein refers to an individual or entity that is not a party to this action. 23. As used herein, “Complaint” means the complaint filed in this action. B. Instructions: 1. These interrogatories are of an ongoing nature, and should plaintiff acquire additional information responsive to these interrogatories, the answer shall be updated to provide the additional information pursuant to the CPLR. 2. If a privilege not to answer is claimed, identify such matters as to which privilege is claimed, the nature of the privilege and the legal and factual basis for such claim. 6 6 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 3. If a refusal to answer an interrogatory is stated on the grounds of burdensomeness, identify the number and nature of the documents needed to be searched, the location of the documents and the number of person hours and costs required to conduct the search. 4. Ifany interrogatory cannot be answered in full, answer to the extent possible and specify reasons for inability to answer. 5. If you object to any portion of an interrogatory, provide all information called for by those portions of the interrogatory to which you do not object. For those portions of any interrogatories to which you object, state in detail the reason for such objection. With respect to each document, or portion thereof, withheld from production, please state the nature of the document (e.g., letter, memorandum, computer print out, etc.) on the date of the document identifying the persons who sent and received the original or a copy of the document, and state the subject matter of the document. 7 7 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 INTERROGATORIES 1. State your full name and state any and all other names which you have ever used or by which you have ever been known. 2. If you are a business entity: (a) State the name you used, or went by, during your involvement in the events that are the subject of the pleadings; (b) State any other names or “d/b/a’s” under which you have ever transacted business; (c) Are you a Corporation? If so, state: (i) The name state in the current Articles of Incorporation; (ii) All the other names used by the corporation during the past 10 years and the dates each was used; and (iii) The date and place of the incorporation; (d) Are you a partnership? If so, state: (i) The current partnership name; (ii) All of the names used by the partnership during the past 10 years and the dates each was used; (iii)Whether you are a limited partnership and, if so, under the laws of what jurisdiction; (iv) The names and address of each general partner; (v) The address of the principal place of business; and (vi) Whether you are qualified to do business in New York. (e) Are you a joint venture? If so, state: (i) The current joint venture name; (ii) All the names used by the joint venture during the past 10 years and the dates each was used; (iii) The names and address of each joint venture; and (iv) The address of the principal place of business. (f) Are you an unincorporated association? If so, state: (i) The current unincorporated association name; (ii) All the names used by the unincorporated association in the past 10 years and the dates each was used; and (iii) The address of the principal place of business. 3. During the past 5 years has any public entity registered or licensed your business? If so, for each license or registration: (a) Identify the license or registration; (b) State the name of the public entity; and (c) State the date of the issuance and expiration. 4. Do you have liability insurance, or are you aware of any other form of indemnity or bond, through which you were or might be insured in any manner for the damages, claims, or actions that are subject of the pleadings? If you answer “Yes”, please provide the following information for each policy: (a) The kind of insurance, indemnity or bond; 8 8 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 (b) The name of the company or companies, including any excess or umbrella carriers, which you claim provide coverage; (c) The policy number or policies numbers of any applicable policy; (d) The limits or limits of liability of each policy; (e) The named insured or each policy; (f) Whether the insurance carrier has accepted or denied coverage; and (g) Whether you are being defended by the insurance carrier under a reservation of rights. 5. State the name, address, and telephone number of all employees and/or agents involved in the transactions and events which are the subject of the pleadings. 6. State the name and address of each person whom you believe has knowledge and facts material to the issues raised in the Complaint and Counterclaim(s) in the above-entitled action. 7. State the name and address of each person whom you may call as a witness to testify at the trial of the above-entitled action. 8. Identify all documents that you believe support the allegations contained in the Complaint. 9. Identify all documents that you believe support the allegations contained in your First Counterclaim. 10. Identify all documents that you believe support the allegations contained in your Second Counterclaim. 11. Identify all documents that you believe support the allegations contained in your Third Counterclaim. 12. Indentify all documents that you intend or expect to introduce at the trial of this matter. 13. Describe in detail all facts supporting the claims contained in the Complaint and Counterclaim(s). 14. Identify all individuals who assisted in the preparation of the answers to these Interrogatories. 15. Identify all documents that you reviewed and/or relied upon to assist you in preparing answers to these Interrogatories. 16. Annex hereto copies of any and all correspondence exchanged between plaintiff and any other party to this lawsuit, their agents, servants, employees or representatives. 17. Annex hereto copies of any and all correspondence exchanged between defendants and any other party to this lawsuit, their agents, servants, employees or representatives. 9 9 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 18. State whether any conversations took place between the plaintiff and any other adverse party to this lawsuit, their agents, servants, employees or representatives. If so, set forth as to each and every conversation, listing said conversation individually: (a) The date of the conversation; (b) The parties to the conversation; (c) Where the conversation took place; (d) Whether the conversation was by telephone or in person; (e) All witnesses to the conversation; (f) What was said by each party to the conversation; and (g) Annex hereto copies of all written memoranda in your possession which memorialize or otherwise relates to the conversation. 19. Set forth whether the defendants contend that the plaintiff made an admission of any type. If so, state: (a) The nature of the admission; (b) The manner in which the admission was made; (c) The person making the admission; (d) The person to whom the admission was made; (e) All witnesses to the admission; and (f) Annex hereto copies of any writings or memoranda which memorialize or reflect said admission. 20. Set forth whether the defendants have obtained a statement, recorded, written or otherwise from any person employed by the plaintiff. If so, state: (a) The name and address of the person from whom said statement was obtained; (b) The date the statement was obtained; (c) The name and address of the person who obtained the statement; (d) A synopsis of the statement; (e) Annex a copy of the statement hereto; and (f) Set forth the names and addresses of all persons who witnessed the statement being taken. 21. If any expert retained by the defendants in this matter based an opinion, in whole or in part, upon any interview with any individuals, discussions with any individuals, or reports received from any source, set forth: (a) All persons with whom said discussions, interviews or reports were received; (b) Annex hereto copies of reports received; (c) Set forth in detail the nature of the interviews and/or discussions; (d) Annex hereto copies of any written memoranda, notes, statements or other memorialization of said reports, discussions or interviews. (e) State whether there was any investigation by any person or authority, public or private, of the incident referred to in plaintiff’s complaint. 10 10 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 22. Do you contend that you entered into an agreement which is the subject of these pleadings? If your answer was “Yes”, please provide the following: (a) Explain in detail the factual support for your position, identifying all documents you believe may be relevant to this issue and identifying the name, addresses, and telephone number of all persons you believe to have knowledge or information relating to your position; (b) Describe in detail the factual support for any contention of contract formation, identifying all documents you believe may be relevant to this issue, and identifying the name, address, and telephone number of all persons you believe have knowledge or information relating to your position. 23. With respect to the negotiations leading to the formation of the agreement, identify the name, address, and telephone number of all persons involved in those negotiations, and identify all documents that relate to, or were part of, directly or indirectly, the negotiations. 24. If you claim that the contract is an oral contract, please state what you believe to be the terms and provisions of the contract in detail and state the name, address, and telephone number of all persons you believe have knowledge or information relating to the terms or provisions of the oral contract. 25. Do you contend there was a breach of the contract(s) and/or the agreement(s) which is (are) the subject of the pleadings? If so, for each breach, describe and give the date of every act of omission that you claim is a breach of the contract. 26. Do you contend that you are entitled to an award of attorneys’ fees in this matter? If so, identify each and every basis upon which you believe you are entitled to attorneys’ fees (e.g., statute, contract, or otherwise). 27. Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous contract, specifically indentifying ambiguous term(s) or provision(s), and state why it is ambiguous, and identify all documents that support your contention or ambiguity. 28. For each contract(s) and/or agreement(s) and/or purchase order(s) alleged in the pleadings: (a) Identify all documents that are part of the contract and for each state the name, address, and telephone number of each person who has the document; (b) State each part of the contract not in writing, the name, address, and telephone number of each person agreeing to that provision and the date the part of the contract was made; (c) Identify all documents that evidence each part of the contract not in writing and for each state the name, address, and telephone number of each person who has the document; (d) Identify all documents that are part of each modification to the contract, and for each state the name, address, and telephone number of each person who has the document; 11 11 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 (e) State each modification not in writing, the date, and the name, address, and telephone number of each person agreeing to the modification, and the date the modification was made; (f) Identify all documents that evidence each modification to the contract not in the writing and for each sate the name, address, and telephone number of each person who has the document. 29. Was performance of any agreement alleged in the pleadings excused or discharged? If so, identify each contract excused or discharged and state why performance was excused or discharged. 30. Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each contract terminated and state why it was terminated including dates. 31. Is any agreement alleged in the pleadings unenforceable? If so, identify each unenforceable contract and state why it is unenforceable. 32. State whether there was any other court proceeding brought against any person or entity regarding the incident referred to in plaintiff’s complaint and/or the defendants’ counterclaim; if so, state: (a) The nature of that action; (b) Where the action was instituted; (c) If a trial was conducted; (d) If a trial was conducted, gives names of witnesses who testified and what they testified to, as well as dates of their testimony; (e) If there was no trial, set forth the disposition of same; and (f) Set forth the docket number of same. 33. Identify each and every item of work performed by plaintiff at the project site that is the subject of this litigation that the defendants claim was completed and/or performed incorrectly, improperly and/or in non-compliance with the agreement, and for each item of work, set forth with specificity the following: (a) The date of work that was performed incorrectly, improperly and/or in non- compliance with the agreement; and (b) Set forth the documentation that approved the item of work. 34. Identify each and every item of work performed by the plaintiff at the project site that is the subject of this litigation that the defendants claim that plaintiff work contained significant and materials defect and omission, and for each item of damage, set forth with specificity the calculation of damages. 35. Set forth the date and amount of each and every payment made by the defendants to plaintiff in connection with the Project that is the subject of this litigation. 36. State the first date on which IPDP provided labor, services or material to the defendants in connection with the Project. 12 12 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 37. State the last day on which IPDP provided labor, services or material to the defendants in connection with the Project. 38. Set forth in detail how You calculated completion contractor costs, if any, and provide a breakdown of those costs by category. 39. Set forth in detail how and when you notified IPDP of Your costs. 40. State the amount of the damages You seek from IPDP in this action in your first counterclaim, and state how You computed same, and identify and attach hereto copies of all documents relating thereto. 41. State the amount of the damages You seek from IPDP in this action in your second counterclaim, and state how You computed same, and identify and attach hereto copies of all documents relating thereto. 42. State the amount of the damages You seek from IPDP in this action in your third counterclaim, and state how You computed same, and identify and attach hereto copies of all documents relating thereto. Dated: New York, New York February 14, 2017 WILSON & CHAN, LLP By: Henry C. Chan, Esq. Attorneys for Plaintiff INTEGRATED PROJECT DELIVERY PARTNERS, INC. 733 Third Avenue, 15th Floor New York, New York 10017 Tel: (646) 790-5848 Fax: (646) 417-7879 hchan@wilsonchanlaw.com Our File No.: 00450.00002 13 13 of 14 FILED: NEW YORK COUNTY CLERK 02/14/2017 04:55 PM INDEX NO. 160102/2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/14/2017 To: Attn: Peter Moulinos, Esq. MOULINOS & ASSOCIATES LLC Attorneys for Defendants 150 East 58th Street, 25th Floor New York, New York 10155 Tel: (212) 832-5981 14 14 of 14