Preview
FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------X Index No. 608790/2022
THE RUSSEL FRIEDMAN LAW GROUP, LLP
COMBINED
NOTICE OF DISCOVERY
Plaintiff(s), AND INSPECTION
-against - AND NOTICE OF
DEPOSITION
ARIHAY KAIKOV, PACIFIC 2340 CORP, ROYAL
A&K REALTY GROUP INC., A&E R.E.
MANAGEMENT CORP., NY PRIME HOLDING LLC,
and AG REALTY BRONX CORP.,
Defendants.
________________________________________________________________Ç
PLEASE TAKE NOTICE that pursuant to CPLR § 3120, Plaintiffs THE RUSSEL
FRIEDMAN LAW GROUP, LLP ("Plaintiffs") are required to produce for discovery and
inspection by Defendants, ARIHAY KAIKOV, PACIFIC 2340 CORP, ROYAL A&K REALTY
GROUP INC., A&E R.RE. MANAGEMENT CORP., NY PRIME HOLDING LLC, and AG
REALTY BRONX CORP.,; ("Defendants") attorneys, Shiryak, Bowman, Anderson, Gill &
Plaintiffs'
Kadochnikov LLP, the following documents and things to the offices of attorney at
80-02 Kew Gardens Road, Suite 600, Kew Gardens, NY 11415.
DEFINITIONS
"document" "documents"
(a) Unless specifically stated otherwise, the terms or mean
all originals, identical copies and nonidentical copies of any books, pamphlets, letters,
correspondence, telegrams, reports, memoranda, notes, diaries, records, contracts, articles,
studies, tables, recommendations, directives, evaluations, schedules, extracts, working papers,
charts, papers, indices, tapes, data sheets, minutes, transcriptions, computer printouts or other
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computer derived data, photographic matters, microfilm, videotape, recordings, motion pictures,
however produced or reproduced, and all mechanical or electronic sound recordings or
transcripts thereof, and any other document, discovery of which is permitted by the CPLR, in the
actual or constructive possession or control of the party to whom this request is directed, or the
party's agents, representatives, or attorneys. This request includes all drafts of documents even if
not used; each such draft constitutes a separate item of production. In all cases where originals
"document"
and/or nonidentical copies are available, also mean non-identical copies.
"communicate"
(b) The term includes or requests information relating to all oral
"documents"
communications and (as herein defined), whether or not any such document or the
information contained therein, was transmitted by its author to any other person.
"and" "or"
(c) As used herein, the conjunctions or shall be interpreted conjunctively
and shall not be interpreted disjunctively to exclude any information otherwise within the scope
of this Document Request. References to the singular shall include the plural, and references to
the plural shall include the singular.
(d) All references to any corporate entity include its principals, agents, employees or
other representatives, including counsel.
"Plaintiff"
(e) shall mean the Plaintiff, its officers, directors, employees, attorneys,
experts, investigators, agents or persons acting or purporting to act on their behalf.
"Defendants"
(f) shall refer to Defendants in the caption, their officers, directors,
employees, attorneys, experts, investigators, agents or persons acting or purporting to act on their
behalf.
Information" "ESI" e-
(g) "Electronically Stored or includes, but is not limited to,
mails and attachments, voice mail, instant messaging and other electronic communications, word
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processing documents, text files, hard drives, spreadsheets, graphics, audio and video files,
databases, calendars, telephone logs, transaction logs, internet usage files, offline storage or
information stored on removable media, information contained on laptops or other portable
devices and network access information and backup materials, Native Files and the
corresponding Metadata which is ordinarily maintained.
File(s)"
(h) "Load means a file that relates to a set of scanned or electronic images or
electronically processed files that indicate where individual pages or files belong together as
Documents, including attachments, and where each Document begins and ends. A Load File may
also contain data relevant to the individual Documents or ESI, such as Metadata, coded data,
text, and the like.
"Metadata"
(i) means: (i) information embedded in a Native File that is not
ordinarily viewable or printable from the application that generated, edited, or modified such
Native File; and (ii) information generated automatically by the operation of a computer or other
information technology system when a Native File is created, modified, transmitted, deleted,
sent, received or otherwise manipulated by a user of such system. Metadata is a subset of ESI.
File(s)"
(j) "Native means ESI in the electronic format of the application in which
such ESI was created, viewed and/or modified. Native Files are a subset of ESI.
"Relating" To"
(k) "Related", "Relates", or "Relating means in whole or in part
constituting, containing, concerning, embodying, describing, analyzing, identifying, stating,
reflecting, referring to, dealing with, or in any way pertaining to or otherwise having any logical
or factual connection with the subject matter of the Request.
Image(s)"
(1) "Static means a representation of ESI produced by converting a
Native File into a standard image format capable of being viewed and printed on standard
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litigation support software. The most common forms of Static Images used in litigation are ESI
provided in either Tagged Image File Format (TIFF, or .TIF files) or Portable Document Format
(PDF). If Load Files were created in the process of converting Native Files to Static Images, or if
Load Files may be created without undue burden or cost, Load Files are typically produced
together with Static Images.
INSTRUCTIONS
1. If there is an objection to any request or part thereof, identify each document or portion
thereof to which the objection is made.
2. If any documents responsive to the following requests have been lost or destroyed,
identify the document, and state:
1. The date of the document;
2. The author or maker of the document;
3. The person to whom and from whom the document was sent;
4. The subject matter of the document;
5. The date on which the document was destroyed or discarded;
6. The reason the document was destroyed or discarded; and
7. The person who authorized and/or destroyed or discarded the document.
3. All documents should be provided in their original file folders, binders or other covers.
Whenever a document or group of documents is taken out of a folder, binder, cover,
drawer, box or notebook, before the same is produced, attach hereto a copy of the label
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on the folder, drawer, box or notebook from which the document or group of documents
was removed.
4. This Document Request is continuing in nature and requires defendants to supplement its
production whenever, and as soon as, any other documents responsive to this Demand
come into its possession, custody or control at any time before trial.
5. Unless specifically directed otherwise, all demands herein should be read as relating to
DOCUMENTS TO BE PRODUCED
1. Any and all communications by and between the parties hereto.
2. Documents and communications evidencing any payments made to Plaintiffs by
Defendants for legal services regarding the court case Chalamo Kaikov v. Arihay Kaikov, et al.,
Docket No.: 19-cv-02521.
3. Documents and communications evidencing Plaintiff provided invoices of what was
owed every 60 days.
4. Documents and communications evidencing Plaintiff provided a letter detailing the
dispute and demanding payment on or about January 14, 2021.
5. Documents and communications evidencing Plaintiff provided a Notice of Client's
right to Arbitrate a Dispute over Attorney's fees on or about January 14, 2021.
6. Documents and communications by and between Plaintiff and Steven Zalewski from
January 1, 2019 to January 1, 2022.
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7. Documents and communications by and between Plaintiff and the Law Office of
Michael T. Alber P.C. from January 1, 2019 to January 1, 2022.
8. Documents and communications evidencing payments by and between Plaintiff and
Steven Zalewski from January 1, 2019 to January 1, 2022.
9. Documents and communications evidencing payments by and between Plaintiff and the
Law Office of Michael T. Alber P.C. from January 1, 2019 to January 1, 2022.
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, Defendant is
hereby required to produce for disclosure, at the office of the undersigned, within twenty (20)
days from the date of service hereof, the following items and to permit the undersigned to
inspect, copy and photograph same:
PLEASE TAKE FURTHER NOTICE, that the undersigned will object, upon the trial
of this action, to the receipt in evidence of any part of said records or documents not made
available pursuant to this demand.
DEMAND FOR DISCOVERY AND INSPECTION
OF ANY STATEMENT OF A PARTY
REPRESENTED BY THE UNDERSIGNED
PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands that all
parties produce, pursuant to CPLR§3101(e), any statement by any party represented by the
undersigned, whether written, transcribed or recorded electronically, signed or unsigned.
DEMAND FOR WRITTEN REPORTS
PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to
CPLR§3101(g), that all other parties produce and allow the undersigned to inspect any written
report concerning the occurrences which are the subject matter of this lawsuit prepared in the
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regular course of business operations or practices of any person, firm, corporation, association or
other public or private entity.
DEMAND FOR EXPERTS
PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to
CPLR § 3101 that you disclose:
1. The name of each person that Defendants expects to call as an expert witness at the time
of trial or hearing;
2. The subject matter on which each expert is expected to testify;
3. The substance of the facts and opinions upon which each expert is expected to testify;
4. The qualifications of each expert witness; and
5. A summary of the grounds for each expert's opinion.
DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
PLEASE TAKE NOTICE, that the Plaintiff we represent in this action demands that
you set forth, in writing, under oath, and serve upon us within ten (10) days of this date:
1. The name, address, and telephone number of each person known or claimed by you or
any party you represent in this action to be a witness to the occurrence alleged in the
Complaint in this action.
2. The name, address, and telephone number of each person known or claimed you or
by
any party you represent in this action to be a notice witness to the conditions or any claimed
absence of conditions of Subject Premises at the time of the accident.
In the event of failure or refusal to comply with this demand, the Plaintiff shall seek to preclude
the testimony of any such witnesses.
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PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand,
Plaintiff shall seek sanctions, pursuant to 22 NYCRR§130-1.1 for frivolous conduct.
Dated: September 5, 2023
Kew Gardens, New York Yours etc.,
Shiryak, Boy%nan, Anderson,
Gill & Kadochnikov LLP
By: Dustin Bowman, Esq.
Attorneys for Defendants
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ATTORNEY CERTIFICATION
I, Dustin Bowman, Esq., hereby certify, under penalty of perjury, and as an officer of the
court, that to the best of my knowledge, information and belief, formed after an inquiry
reasonably under the circumstances, the presentation of the papers or the contentions herein are
not frivolous as defined in 22 NYCRR Section 130-1.1(c).
Dated: Kew Gardens, New York
September 5, 2023
By: Dustin Bowman, Esq.
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Preview
FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------X Index No. 608790/2022 THE RUSSEL FRIEDMAN LAW GROUP, LLP COMBINED NOTICE OF DISCOVERY Plaintiff(s), AND INSPECTION -against - AND NOTICE OF DEPOSITION ARIHAY KAIKOV, PACIFIC 2340 CORP, ROYAL A&K REALTY GROUP INC., A&E R.E. MANAGEMENT CORP., NY PRIME HOLDING LLC, and AG REALTY BRONX CORP., Defendants. ________________________________________________________________Ç PLEASE TAKE NOTICE that pursuant to CPLR § 3120, Plaintiffs THE RUSSEL FRIEDMAN LAW GROUP, LLP ("Plaintiffs") are required to produce for discovery and inspection by Defendants, ARIHAY KAIKOV, PACIFIC 2340 CORP, ROYAL A&K REALTY GROUP INC., A&E R.RE. MANAGEMENT CORP., NY PRIME HOLDING LLC, and AG REALTY BRONX CORP.,; ("Defendants") attorneys, Shiryak, Bowman, Anderson, Gill & Plaintiffs' Kadochnikov LLP, the following documents and things to the offices of attorney at 80-02 Kew Gardens Road, Suite 600, Kew Gardens, NY 11415. DEFINITIONS "document" "documents" (a) Unless specifically stated otherwise, the terms or mean all originals, identical copies and nonidentical copies of any books, pamphlets, letters, correspondence, telegrams, reports, memoranda, notes, diaries, records, contracts, articles, studies, tables, recommendations, directives, evaluations, schedules, extracts, working papers, charts, papers, indices, tapes, data sheets, minutes, transcriptions, computer printouts or other 1 1 of 9 FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 computer derived data, photographic matters, microfilm, videotape, recordings, motion pictures, however produced or reproduced, and all mechanical or electronic sound recordings or transcripts thereof, and any other document, discovery of which is permitted by the CPLR, in the actual or constructive possession or control of the party to whom this request is directed, or the party's agents, representatives, or attorneys. This request includes all drafts of documents even if not used; each such draft constitutes a separate item of production. In all cases where originals "document" and/or nonidentical copies are available, also mean non-identical copies. "communicate" (b) The term includes or requests information relating to all oral "documents" communications and (as herein defined), whether or not any such document or the information contained therein, was transmitted by its author to any other person. "and" "or" (c) As used herein, the conjunctions or shall be interpreted conjunctively and shall not be interpreted disjunctively to exclude any information otherwise within the scope of this Document Request. References to the singular shall include the plural, and references to the plural shall include the singular. (d) All references to any corporate entity include its principals, agents, employees or other representatives, including counsel. "Plaintiff" (e) shall mean the Plaintiff, its officers, directors, employees, attorneys, experts, investigators, agents or persons acting or purporting to act on their behalf. "Defendants" (f) shall refer to Defendants in the caption, their officers, directors, employees, attorneys, experts, investigators, agents or persons acting or purporting to act on their behalf. Information" "ESI" e- (g) "Electronically Stored or includes, but is not limited to, mails and attachments, voice mail, instant messaging and other electronic communications, word 2 2 of 9 FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 processing documents, text files, hard drives, spreadsheets, graphics, audio and video files, databases, calendars, telephone logs, transaction logs, internet usage files, offline storage or information stored on removable media, information contained on laptops or other portable devices and network access information and backup materials, Native Files and the corresponding Metadata which is ordinarily maintained. File(s)" (h) "Load means a file that relates to a set of scanned or electronic images or electronically processed files that indicate where individual pages or files belong together as Documents, including attachments, and where each Document begins and ends. A Load File may also contain data relevant to the individual Documents or ESI, such as Metadata, coded data, text, and the like. "Metadata" (i) means: (i) information embedded in a Native File that is not ordinarily viewable or printable from the application that generated, edited, or modified such Native File; and (ii) information generated automatically by the operation of a computer or other information technology system when a Native File is created, modified, transmitted, deleted, sent, received or otherwise manipulated by a user of such system. Metadata is a subset of ESI. File(s)" (j) "Native means ESI in the electronic format of the application in which such ESI was created, viewed and/or modified. Native Files are a subset of ESI. "Relating" To" (k) "Related", "Relates", or "Relating means in whole or in part constituting, containing, concerning, embodying, describing, analyzing, identifying, stating, reflecting, referring to, dealing with, or in any way pertaining to or otherwise having any logical or factual connection with the subject matter of the Request. Image(s)" (1) "Static means a representation of ESI produced by converting a Native File into a standard image format capable of being viewed and printed on standard 3 3 of 9 FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 litigation support software. The most common forms of Static Images used in litigation are ESI provided in either Tagged Image File Format (TIFF, or .TIF files) or Portable Document Format (PDF). If Load Files were created in the process of converting Native Files to Static Images, or if Load Files may be created without undue burden or cost, Load Files are typically produced together with Static Images. INSTRUCTIONS 1. If there is an objection to any request or part thereof, identify each document or portion thereof to which the objection is made. 2. If any documents responsive to the following requests have been lost or destroyed, identify the document, and state: 1. The date of the document; 2. The author or maker of the document; 3. The person to whom and from whom the document was sent; 4. The subject matter of the document; 5. The date on which the document was destroyed or discarded; 6. The reason the document was destroyed or discarded; and 7. The person who authorized and/or destroyed or discarded the document. 3. All documents should be provided in their original file folders, binders or other covers. Whenever a document or group of documents is taken out of a folder, binder, cover, drawer, box or notebook, before the same is produced, attach hereto a copy of the label 4 4 of 9 FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 on the folder, drawer, box or notebook from which the document or group of documents was removed. 4. This Document Request is continuing in nature and requires defendants to supplement its production whenever, and as soon as, any other documents responsive to this Demand come into its possession, custody or control at any time before trial. 5. Unless specifically directed otherwise, all demands herein should be read as relating to DOCUMENTS TO BE PRODUCED 1. Any and all communications by and between the parties hereto. 2. Documents and communications evidencing any payments made to Plaintiffs by Defendants for legal services regarding the court case Chalamo Kaikov v. Arihay Kaikov, et al., Docket No.: 19-cv-02521. 3. Documents and communications evidencing Plaintiff provided invoices of what was owed every 60 days. 4. Documents and communications evidencing Plaintiff provided a letter detailing the dispute and demanding payment on or about January 14, 2021. 5. Documents and communications evidencing Plaintiff provided a Notice of Client's right to Arbitrate a Dispute over Attorney's fees on or about January 14, 2021. 6. Documents and communications by and between Plaintiff and Steven Zalewski from January 1, 2019 to January 1, 2022. 5 5 of 9 FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 7. Documents and communications by and between Plaintiff and the Law Office of Michael T. Alber P.C. from January 1, 2019 to January 1, 2022. 8. Documents and communications evidencing payments by and between Plaintiff and Steven Zalewski from January 1, 2019 to January 1, 2022. 9. Documents and communications evidencing payments by and between Plaintiff and the Law Office of Michael T. Alber P.C. from January 1, 2019 to January 1, 2022. PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, Defendant is hereby required to produce for disclosure, at the office of the undersigned, within twenty (20) days from the date of service hereof, the following items and to permit the undersigned to inspect, copy and photograph same: PLEASE TAKE FURTHER NOTICE, that the undersigned will object, upon the trial of this action, to the receipt in evidence of any part of said records or documents not made available pursuant to this demand. DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT OF A PARTY REPRESENTED BY THE UNDERSIGNED PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands that all parties produce, pursuant to CPLR§3101(e), any statement by any party represented by the undersigned, whether written, transcribed or recorded electronically, signed or unsigned. DEMAND FOR WRITTEN REPORTS PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to CPLR§3101(g), that all other parties produce and allow the undersigned to inspect any written report concerning the occurrences which are the subject matter of this lawsuit prepared in the 6 6 of 9 FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. DEMAND FOR EXPERTS PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to CPLR § 3101 that you disclose: 1. The name of each person that Defendants expects to call as an expert witness at the time of trial or hearing; 2. The subject matter on which each expert is expected to testify; 3. The substance of the facts and opinions upon which each expert is expected to testify; 4. The qualifications of each expert witness; and 5. A summary of the grounds for each expert's opinion. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE, that the Plaintiff we represent in this action demands that you set forth, in writing, under oath, and serve upon us within ten (10) days of this date: 1. The name, address, and telephone number of each person known or claimed by you or any party you represent in this action to be a witness to the occurrence alleged in the Complaint in this action. 2. The name, address, and telephone number of each person known or claimed you or by any party you represent in this action to be a notice witness to the conditions or any claimed absence of conditions of Subject Premises at the time of the accident. In the event of failure or refusal to comply with this demand, the Plaintiff shall seek to preclude the testimony of any such witnesses. 7 7 of 9 FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand, Plaintiff shall seek sanctions, pursuant to 22 NYCRR§130-1.1 for frivolous conduct. Dated: September 5, 2023 Kew Gardens, New York Yours etc., Shiryak, Boy%nan, Anderson, Gill & Kadochnikov LLP By: Dustin Bowman, Esq. Attorneys for Defendants 8 of 9 FILED: NASSAU COUNTY CLERK 09/05/2023 12:13 PM INDEX NO. 608790/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/05/2023 ATTORNEY CERTIFICATION I, Dustin Bowman, Esq., hereby certify, under penalty of perjury, and as an officer of the court, that to the best of my knowledge, information and belief, formed after an inquiry reasonably under the circumstances, the presentation of the papers or the contentions herein are not frivolous as defined in 22 NYCRR Section 130-1.1(c). Dated: Kew Gardens, New York September 5, 2023 By: Dustin Bowman, Esq. 9 9 of 9