Preview
FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023
Wednesday, August 23, 2023 at 10:17:42 Eastern Daylight Time
Subject: Re: 600378/2023 Pearl v. Peak Title
Date: Thursday, August 17, 2023 at 9:28:01 AM Eastern Daylight Time
From: Christopher Murray
To: Dominick Dale
CC: Phillip Spinella, Joseph Jackling
Attachments: image001.png, image002.png
Mr. Dale,
I write on behalf of Plaintiff in the above-referenced action. I called you today at 8:32 a.m.
and you did not answer. I left a voicemail. The purpose of my call – as with virtually every
other call I’ve made to your firm over the last eight months– was to meet and confer regarding
your failure to produce discovery.
We served our demands for documents and a verified bill of particulars on you half a year ago
on February 16, 2023. You did not timely produce same in March. You then refused to meet
and confer for a preliminary conference stipulation and order, thereby necessitating an in-
person appearance to deal with your willful refusal to participate in discovery. On May 22,
2023, at the appearance, you stipulated and the Court Ordered your clients to produce their
Verified Bill of Particulars and documents within 30 days. You did not do so in June despite
your stipulation and the Court’s Order. On August 1, 2023, the Court issued another Order
directing you to produce a Verified Bill of Particulars and all responses and documents
responsive to Plaintiff’s demands on or before August 16, 2023. Yesterday came and went
and you still have not complied. Additionally, you have not produced your clients for their
depositions and have not committed to do so.
We have previously e-mailed you about discovery in this case more than a half dozen times.
We have called you at least a half dozen times to meet and confer about your non-compliance
with discovery in this case alone. This is not unique to this case. You have never produced
anything in discovery in any of the cases we have appeared on:
Cloudfund v. Complex Rehab - 724899/2022
Pearl Delta v. AML Transport - 713207/2022
Pearl Delta v. T & H Trucking – 712754/2022
Pearl Beta v. AC Castillo Trucking – 614264/2022
Pearl Delta v. Tough Guy Logistics – 719044/2022
Bizfund v. Divana Nail Bar - 501061/2023
Rival Funding v. FREE LLC - 501434/2023
Surfside Capital v Cliff's Towing - 501788/2023
Fora Financial v. Nathan’s Realty – 604296/2023
Cloudfund LLC v. RDM Logistics And Transport – 704261/2023
Fora Financial v. Dee’s D. Trucking – 151794/2023
Simply Funding v. Sparkling Waters Pool – 708024/2023
Bizfund v. Gerald Aubert – 512729/2023
Simply Funding v. King Marketing Home Improvement – 708283/2023
Fora Financial v. Counter Impressions – 606204/2023
Bizfund v. Pan Moving and Storage – 514549/2023
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FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023
Oak Advance v. Willis Management and Associates – 500716/2023
Simply Funding v. Jim Dan Dee Seafood – 704474/2023
Surfside Capital v. Ed-K Machine Inc – 519748/2023
In at least twenty cases, you have never produced a witness for a deposition, never produced
a Verified Bill of Particulars, never produced written document responses, and never
produced documents. In each case, you ignore numerous e-mails and letters. You send my
calls to voicemail or you pick up the phone and hang up on me. In the two instances we’ve
spoken, you’ve immediately resorted to shouting insults and ranting at me, rather than
engaging in a good faith meet and confer. Time and again, you ignore CPLR deadlines. Time
and again, you ignore Preliminary Conference order deadlines. Time and again, you ignore
compliance conference order deadlines and specific orders to produce discovery.
Despite you trying to claim that the problem is has something to do with my firm, you do the
same thing to every firm on receivables cases. Larger firms complain of the same discovery
problem with you on a larger scale. In Kalamata v. Riddhiman Enterprises, the plaintiffs’
attorneys complained that you refused to produce discovery in nearly fifty cases against their
firm. Between two firms, we can identify at least seventy cases in which you have willfully and
contumaciously disregarded court orders to produce discovery and CPLR deadlines for
discovery. What would we find if I called the attorneys on the other 180+ cases in which
you’ve appeared since January 1, 2023?
Enough is enough. Produce all outstanding discovery forthwith. Confirm if you are producing
your clients for their depositions as scheduled.
cmurray@murraylegalpllc.com
Tel: 516-260-7367
170 Old Country Road Suite 608
Mineola, New York 11501
From: Christopher Murray
Date: Thursday, August 10, 2023 at 10:01 AM
To: Dominick Dale
Cc: Phillip Spinella
Subject: Re: 600378/2023 Pearl v. Peak Title - Def's Depositions Scheduled 8/24, 10AM
Mr. Dale,
Your responses are long past overdue and you have a track record of having produced
nothing in any cases. If you’re going to refuse to meet and confer on any cases, why not just
say so? If you haven’t realized by now with all the motions to strike you garner, the problem is
entirely you.
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FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023
cmurray@murraylegalpllc.com
Tel: 516-260-7367
170 Old Country Road Suite 608
Mineola, New York 11501
From: Dominick Dale
Date: Thursday, August 10, 2023 at 9:59 AM
To: Christopher Murray
Cc: Phillip Spinella
Subject: Re: 600378/2023 Pearl v. Peak Title - Def's Depositions Scheduled 8/24, 10AM
When you get my responses then you can object. I am not required to answer you questions.
Have a good morning.
On Thu, Aug 10, 2023, 9:57 AM Christopher Murray wrote:
What bank statements have you received? All of them? What about everything else
requested in discovery? Communications, contracts, tax records, accounts receivables
ledgers, invoices, documents supporting any counterclaims or defenses, etc.?
signature_1615836215
cmurray@murraylegalpllc.com
Tel: 516-260-7367
170 Old Country Road Suite 608
Mineola, New York 11501
From: Dominick Dale
Date: Thursday, August 10, 2023 at 9:55 AM
To: Christopher Murray
Cc: Phillip Spinella
Subject: Re: 600378/2023 Pearl v. Peak Title - Def's Depositions Scheduled 8/24,
10AM
I have received my clients bank statements. you will be getting them.
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FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023
On Thu, Aug 10, 2023 at 9:18 AM Christopher Murray
wrote:
Mr. Dale,
Do you plan on producing all outstanding discovery and are you going to produce your
client for the deposition?
signature_343804105
cmurray@murraylegalpllc.com
Tel: 516-260-7367
170 Old Country Road Suite 608
Mineola, New York 11501
From: Dominick Dale
Date: Thursday, August 3, 2023 at 12:22 PM
To: Phillip Spinella
Cc: Christopher Murray
Subject: Re: 600378/2023 Pearl v. Peak Title - Def's Depositions Scheduled 8/24,
10AM
i will check to see if that is a good date
On Thu, Aug 3, 2023 at 12:21 PM Dominick Dale wrote:
ok
On Thu, Aug 3, 2023 at 11:20 AM Phillip Spinella
wrote:
Mr. Dale: I am writing to inform you that your clients’ depositions are scheduled for
8/24/23 at 10:00 a.m. We will send the appropriate instructions in due course. Thank
you.
Regards,
Phillip Spinella
From: Phillip Spinella
Date: Tuesday, August 1, 2023 at 2:21 PM
To: dominick.dale@gmail.com
Cc: Christopher Murray
Subject: Service of Short Form Order - Index No. 600378/2023 Pearl v. Peak Title
Mr. Dale: As per the Court’s instructions at the in-person conference today in the above-
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FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023
captioned action, please see the attached short form order of Judge Singer, which contains
directives regarding Defendants’ discovery obligations.
Regards,
Phillip Spinella
signature_2577749721
pspinella@murraylegalpllc.com
Tel: 516-535-0948
170 Old Country Road Suite 608
Mineola, New York 11501
Please be CAREFUL when clicking links or opening attachments from external
senders.
5 of 5
Preview
FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023 Wednesday, August 23, 2023 at 10:17:42 Eastern Daylight Time Subject: Re: 600378/2023 Pearl v. Peak Title Date: Thursday, August 17, 2023 at 9:28:01 AM Eastern Daylight Time From: Christopher Murray To: Dominick Dale CC: Phillip Spinella, Joseph Jackling Attachments: image001.png, image002.png Mr. Dale, I write on behalf of Plaintiff in the above-referenced action. I called you today at 8:32 a.m. and you did not answer. I left a voicemail. The purpose of my call – as with virtually every other call I’ve made to your firm over the last eight months– was to meet and confer regarding your failure to produce discovery. We served our demands for documents and a verified bill of particulars on you half a year ago on February 16, 2023. You did not timely produce same in March. You then refused to meet and confer for a preliminary conference stipulation and order, thereby necessitating an in- person appearance to deal with your willful refusal to participate in discovery. On May 22, 2023, at the appearance, you stipulated and the Court Ordered your clients to produce their Verified Bill of Particulars and documents within 30 days. You did not do so in June despite your stipulation and the Court’s Order. On August 1, 2023, the Court issued another Order directing you to produce a Verified Bill of Particulars and all responses and documents responsive to Plaintiff’s demands on or before August 16, 2023. Yesterday came and went and you still have not complied. Additionally, you have not produced your clients for their depositions and have not committed to do so. We have previously e-mailed you about discovery in this case more than a half dozen times. We have called you at least a half dozen times to meet and confer about your non-compliance with discovery in this case alone. This is not unique to this case. You have never produced anything in discovery in any of the cases we have appeared on: Cloudfund v. Complex Rehab - 724899/2022 Pearl Delta v. AML Transport - 713207/2022 Pearl Delta v. T & H Trucking – 712754/2022 Pearl Beta v. AC Castillo Trucking – 614264/2022 Pearl Delta v. Tough Guy Logistics – 719044/2022 Bizfund v. Divana Nail Bar - 501061/2023 Rival Funding v. FREE LLC - 501434/2023 Surfside Capital v Cliff's Towing - 501788/2023 Fora Financial v. Nathan’s Realty – 604296/2023 Cloudfund LLC v. RDM Logistics And Transport – 704261/2023 Fora Financial v. Dee’s D. Trucking – 151794/2023 Simply Funding v. Sparkling Waters Pool – 708024/2023 Bizfund v. Gerald Aubert – 512729/2023 Simply Funding v. King Marketing Home Improvement – 708283/2023 Fora Financial v. Counter Impressions – 606204/2023 Bizfund v. Pan Moving and Storage – 514549/2023 1 of 5 FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023 Oak Advance v. Willis Management and Associates – 500716/2023 Simply Funding v. Jim Dan Dee Seafood – 704474/2023 Surfside Capital v. Ed-K Machine Inc – 519748/2023 In at least twenty cases, you have never produced a witness for a deposition, never produced a Verified Bill of Particulars, never produced written document responses, and never produced documents. In each case, you ignore numerous e-mails and letters. You send my calls to voicemail or you pick up the phone and hang up on me. In the two instances we’ve spoken, you’ve immediately resorted to shouting insults and ranting at me, rather than engaging in a good faith meet and confer. Time and again, you ignore CPLR deadlines. Time and again, you ignore Preliminary Conference order deadlines. Time and again, you ignore compliance conference order deadlines and specific orders to produce discovery. Despite you trying to claim that the problem is has something to do with my firm, you do the same thing to every firm on receivables cases. Larger firms complain of the same discovery problem with you on a larger scale. In Kalamata v. Riddhiman Enterprises, the plaintiffs’ attorneys complained that you refused to produce discovery in nearly fifty cases against their firm. Between two firms, we can identify at least seventy cases in which you have willfully and contumaciously disregarded court orders to produce discovery and CPLR deadlines for discovery. What would we find if I called the attorneys on the other 180+ cases in which you’ve appeared since January 1, 2023? Enough is enough. Produce all outstanding discovery forthwith. Confirm if you are producing your clients for their depositions as scheduled. cmurray@murraylegalpllc.com Tel: 516-260-7367 170 Old Country Road Suite 608 Mineola, New York 11501 From: Christopher Murray Date: Thursday, August 10, 2023 at 10:01 AM To: Dominick Dale Cc: Phillip Spinella Subject: Re: 600378/2023 Pearl v. Peak Title - Def's Depositions Scheduled 8/24, 10AM Mr. Dale, Your responses are long past overdue and you have a track record of having produced nothing in any cases. If you’re going to refuse to meet and confer on any cases, why not just say so? If you haven’t realized by now with all the motions to strike you garner, the problem is entirely you. 2 of 5 FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023 cmurray@murraylegalpllc.com Tel: 516-260-7367 170 Old Country Road Suite 608 Mineola, New York 11501 From: Dominick Dale Date: Thursday, August 10, 2023 at 9:59 AM To: Christopher Murray Cc: Phillip Spinella Subject: Re: 600378/2023 Pearl v. Peak Title - Def's Depositions Scheduled 8/24, 10AM When you get my responses then you can object. I am not required to answer you questions. Have a good morning. On Thu, Aug 10, 2023, 9:57 AM Christopher Murray wrote: What bank statements have you received? All of them? What about everything else requested in discovery? Communications, contracts, tax records, accounts receivables ledgers, invoices, documents supporting any counterclaims or defenses, etc.? signature_1615836215 cmurray@murraylegalpllc.com Tel: 516-260-7367 170 Old Country Road Suite 608 Mineola, New York 11501 From: Dominick Dale Date: Thursday, August 10, 2023 at 9:55 AM To: Christopher Murray Cc: Phillip Spinella Subject: Re: 600378/2023 Pearl v. Peak Title - Def's Depositions Scheduled 8/24, 10AM I have received my clients bank statements. you will be getting them. 3 of 5 FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023 On Thu, Aug 10, 2023 at 9:18 AM Christopher Murray wrote: Mr. Dale, Do you plan on producing all outstanding discovery and are you going to produce your client for the deposition? signature_343804105 cmurray@murraylegalpllc.com Tel: 516-260-7367 170 Old Country Road Suite 608 Mineola, New York 11501 From: Dominick Dale Date: Thursday, August 3, 2023 at 12:22 PM To: Phillip Spinella Cc: Christopher Murray Subject: Re: 600378/2023 Pearl v. Peak Title - Def's Depositions Scheduled 8/24, 10AM i will check to see if that is a good date On Thu, Aug 3, 2023 at 12:21 PM Dominick Dale wrote: ok On Thu, Aug 3, 2023 at 11:20 AM Phillip Spinella wrote: Mr. Dale: I am writing to inform you that your clients’ depositions are scheduled for 8/24/23 at 10:00 a.m. We will send the appropriate instructions in due course. Thank you. Regards, Phillip Spinella From: Phillip Spinella Date: Tuesday, August 1, 2023 at 2:21 PM To: dominick.dale@gmail.com Cc: Christopher Murray Subject: Service of Short Form Order - Index No. 600378/2023 Pearl v. Peak Title Mr. Dale: As per the Court’s instructions at the in-person conference today in the above- 4 of 5 FILED: NASSAU COUNTY CLERK 08/23/2023 10:22 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 08/23/2023 captioned action, please see the attached short form order of Judge Singer, which contains directives regarding Defendants’ discovery obligations. Regards, Phillip Spinella signature_2577749721 pspinella@murraylegalpllc.com Tel: 516-535-0948 170 Old Country Road Suite 608 Mineola, New York 11501 Please be CAREFUL when clicking links or opening attachments from external senders. 5 of 5