Preview
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
STORCH AMINI P.C., Index No. 651911/2020
Plaintiff,
PLAINTIFF’S RESPONSES AND
- against - OBJECTIONS TO DEFENDANT’S NOTICES
OF DISCOVERY AND INSPECTION
DAVID SCHLACHET,
Defendant.
Plaintiff responds and objects as follows to Defendant’s notices of discovery and
inspection, served July 15, 2020 (NYSCEF Doc. #7-10) and states:
NYSCEF Doc. #7
Document Demands
Request 1:
All documents that the Answering party intends to introduce into evidence or
otherwise produce at trial or on any motion in this action, providing next to each
identified document, its current or last known location, the name of its custodian
and a summary of its content.
Response:
Plaintiff does not object to the portion of this request asking for all documents that Plaintiff intends
to introduce or produce at trial or on any motion, and shall produce all such documents in its
custody. However, Plaintiff objects to this request insofar as it requests that Plaintiff “provid[e]
next to each identified document, its current or last known location, the name of its custodian and
a summary of its content” as Plaintiff has no obligation to do so under CPLR 3120.
Request 2:
Identify and separately list any other communication (oral or and/or written,
including emails) that Answering party reviewed and/or upon which Answering
party relied to support the allegations of, or in the defense of allegations of:
a. The Verified Complaint, whether or not said communication was referenced in
any forgoing pleading or motion, and whether or not Answering party intends
to introduce it as evidence at the trial or on any motion in this action, providing,
next to each identified communication; the place where and date on which it
occurred; each participant in the communication; each other person present
during the communication and/or each other person to whom all or part of its
content or substance was transmitted; the identity of the person who initiated
the communication; the position, business affiliation and present or last known
addresses of all persons identified in any response herein; the subject matter of
the communication; and whether there is any physical evidence, including
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
writing, e-mail or tape recording, describing or memorializing the
communication, and if so, describe the physical evidence and identify its current
and/or last known custodian and location.
b. The Verified Answer, whether or not said communication was referenced in
any forgoing pleading or motion, and whether or not Answering party intends
to introduce it as evidence at the trial or on any motion in this action, providing,
next to each identified communication; the place where and date on which it
occurred; each participant in the communication; each other person present
during the communication and/or each other person to whom all or part of its
content or substance was transmitted; the identity of the person who initiated
the communication; the position, business affiliation and present or last known
addresses of all persons identified in any response herein; the subject matter of
the communication; and whether there is any physical evidence, including
writing, e-mail or tape recording, describing or memorializing the
communication, and if so, describe the physical evidence and identify its current
and/or last known custodian and location.
Response:
Plaintiff objects to this request on the ground that Plaintiff has no obligation to “identify [or]
separately list” documents under CPLR 3120. To the extent that this request is construed as one
for documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and
seeks documents that are not material and necessary to the prosecution of the parties’ claims or
defenses.
Request 3:
Identify and separately list all correspondence, memoranda, e-mails,
communications or any other transmission by Answering Party relating to the
subject matter of this litigation.
Response:
Plaintiff objects to this request on the ground that Plaintiff has no obligation to “identify [or]
separately list” documents under CPLR 3120. To the extent that this request is construed as one
for documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and
seeks documents that are not material and necessary to the prosecution of the parties’ claims or
defenses.
Request 4:
Any and all other documents evidencing, referring or relating to the subject matter
of this action, whether or not Answering party intend to introduce the document
into evidence at trial or as an exhibit on any motion in this action.
2
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
Request 5:
Any and all documents, surveys, reports, graphs, articles, studies, databases and/or
coding sheets that were reviewed and/or relied on and/or generated by any and all
experts or other persons that plaintiff have retained, or with whom Answering Party
has consulted, regarding the subject matter of this lawsuit.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
Request 6:
Any and all document(s) evidencing, reflecting or referring to incident/accident
report or statement taken from any person/party/witness relevant to occurrences
herein or the damages as claimed by any Party herein.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Request 7:
Any documents, other than those already requested, tangible objects, or other items
of real, demonstrative, or documentary evidence which contain, or may contain,
material or information which is, or may be, or which you contend is relevant to
any of the issues involved in this case.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
Request 8:
All documents relating to any facts or information about the subject matter of any
issues in this case furnished by you to any expert you expect to call as an expert
witness on the trial of this case.
3
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Response:
Plaintiff shall produce all documents in its custody responsive to this request.
Request 9:
PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to CPLR
3101 (a), that you set forth in writing and under oath, the name and address of each
person claimed by any party you represent, to be a witness to any of the following:
a. The occurrences alleged in the Complaint, or referred to in any
Affirmative Defense or counter claim in the Answer; or;
b. Any acts, omissions or conditions which allegedly caused the
occurrence alleged in the Complaint or referred to in any Affirmative
Defense or counter claim contained in the Answer; or;
c. Any statement, whether oral, written, or recorded in any other medium
made by a party represented by the undersigned.
If no such witnesses are known to the answering party regarding any subdivision
of this Demand, so state in the sworn reply to this Demand. The undersigned will
object upon trial to the testimony of any witnesses not so identified.
Response:
Plaintiff objects to this request on the ground that Plaintiff has no obligation to provide the
requested information under CPLR 3120. To the extent that this request is construed as one for
documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Subject to and notwithstanding the foregoing, Plaintiff states that it intends to call Defendant as a
witness, whose address is set forth in the Summons, and further reserves the right to call Plaintiff’s
controller Shlomo Kreitman as a witness, whose address is that of Plaintiff’s counsel. Plaintiff
reserves the right to amend this response as disclosure proceeds herein.
Request 10:
[A]udiotape and/or written statement made by or taken from each such party and
his/her or its agents, servants or employee now in your possession, custody, or
control or in the possession, custody, or control of any party you represent in this
action, if such statement in any manner bears on the issues in this action.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks things
that are not material and necessary to the prosecution of the parties’ claims or defenses.
4
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Request 11:
[P]hotographs and/or videotapes in your possession, custody or control or in the
possession, custody or control of your client of any:
a. The scene of any alleged occurrences relevant to the Complaint or Affirmative
Defenses asserted thereto;
b. Photographs and/or videotapes and/or audiotapes showing the physical and/or
mental condition of a party represented by the undersigned if said physical
and/or mental condition is in issue.
c. Photographs or other media depicting any chattels or property relevant to the
Complaint or Affirmative Defenses asserted thereto;
d. Any and all memorialized media purporting constitute an Admission or
Statement Against Interest of a Party herein.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks things
that are not material and necessary to the prosecution of the parties’ claims or defenses.
Request 12:
[A]ny and all reports, memoranda or other writing made connection with this
occurrences relevant to the Complaint or Affirmative Defenses asserted thereto,
including the reports, memoranda or other writing made in connection with any
claim asserted against the Answering Party.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
Request 13:
[A]ny and all documents, reports, memoranda or other writing relevant to the
Complaint or Affirmative Defenses asserted thereto.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
5
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Request 14:
[T]he contents of any insurance agreement under which any person carrying on an
insurance business may be liable to satisfy part or all of a judgment which may be
entered in this action or to indemnify or reimburse for payments made to satisfy the
judgment which may be entered herein, including but not limited to excess and
additional coverage.
Response:
Plaintiff shall produce all documents in its custody responsive to this request.
NYSCEF Doc. #8
Additional Document Demands
Request 1:
All documents that the Answering party intends to introduce into evidence or
otherwise produce at trial or on any motion in this action, providing next to each
identified document, its current or last known location, the name of its custodian
and a summary of its content.
Response:
Plaintiff does not object to the portion of this request asking for all documents that Plaintiff intends
to introduce or produce at trial or on any motion, and shall produce all documents in its custody
responsive to this request. Plaintiff objects to this request insofar as it requests that it “provid[e]
next to each identified document, its current or last known location, the name of its custodian and
a summary of its content” as Plaintiff has no obligation to do so under CPLR 3120.
Request 2:
A complete copy of the client file maintained by Plaintiff in connection with the
action entitled David Schlachet vs. Lara Prychodko, Index No.: 305151/2016 or
otherwise pertaining to legal representation of any nature of Decedent Lara Nadia
Anike Prychodko, (“Decedent”), collectively referred to as the "Underlying
Litigation(s)” including but not limited to:
a. Any and all pleadings served in the Underlying Litigation(s), in your
possession, custody or control.
b. Any and all discovery materials, reports and other related documents exchanged
in the Underlying Litigation(s), in your possession, custody or control.
c. Any and all non-privileged written communications between the parties
(including their respective attorneys) involved in the Underlying Litigation(s),
in your possession, custody or control.
6
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
d. Any and all motions and responsive submissions filed in the Underlying
Litigation(s), in your possession, custody or control.
e. Any and all deposition transcripts from the Underlying Litigation(s), in your
possession, custody or control.
f. Any and all trial transcripts from the Underlying Litigation(s), in your
possession, custody or control.
g. Any and all hearing transcripts from the Underlying Litigation(s), in your
possession, custody or control.
h. Copies of transcripts of all court proceedings from the Underlying Litigation(s),
in your possession, custody or control.
i. Any and all expert reports and expert disclosures from the Underlying
Litigation(s), in your possession, custody or control.
j. Any and all appellate motions, briefs and responsive submissions concerning
the Underlying Litigation(s), in your possession, custody or control.
k. Any and all trial court and appellate court orders, decisions, decrees and
judgments relating to the Underlying Litigation(s), in your possession, custody
or control.
l. Any and all documents filed with the Court in the Underlying Litigation(s).
m. Any and all notes, file memos, meeting memoranda arising out of or relating to
the Underlying Litigation(s).
n. Any and all correspondence and communications (including all attachments
thereto) of any nature to or from the Decedent, consultants, inter-office, third-
parties or adversaries arising out of or relating to the Underlying Litigation(s).
o. Any and all invoices, billing correspondence, time slips, billing mark-ups, time
records and material of any nature arising out of or relating to client time
charges in the Underlying Litigation(s) along with any and all documents
pertaining to payment, credit(s), credit extension(s), security or other financial
transactions with the Decedent related to professional fees and any memoranda,
charging lien, separation of services document, account statement or other
writing or memorialized communication.
Response:
Plaintiff objects to this request on the ground that it seeks documents that are not material and
necessary to the prosecution of the parties’ claims or defenses. Subject to and notwithstanding the
foregoing, Plaintiff shall produce invoices reflecting time detail and amounts owed for services
7
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
rendered (covered by subdivision (o)). Plaintiff is otherwise withholding one or more documents
on the basis of this objection.
Request 3:
Any and all retainer agreements, engagement letters, modification, memoranda, as
to the Decedent’s retention of any attorney in connection with the Underlying
Litigation(s) and professional services related thereto.
Response:
Plaintiff shall produce all documents in its custody responsive to this request.
Request 4:
Any and all documents referred to or relevant to the Plaintiff's Complaint or the
Underlying Litigation(s).
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
Request 5:
Any and all documents referred to in the Complaint or otherwise relevant to the
issues therein or the Underlying Litigation(s).
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
Request 6:
Any and all documents you intend to use at the trial of this matter.
Response:
Plaintiff shall produce all documents in its custody responsive to this request.
Request 7:
Any and all correspondence, emails (in native data format), documents and other
communications exchanged between Plaintiff and Defendant or Decedent, relevant
to the occurrences alleged in the Verified Complaint or relevant to the issues in
contentions in litigation or the Underlying Litigation(s).
8
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
Request 8:
Any and all correspondence, emails, documents and other communications
exchanged between Plaintiff and any non-parties, pertaining in any way to the
occurrences alleged in the Verified Complaint, relevant to the Answer(s) thereto or
the Underlying Litigation(s).
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
Request 9:
Any and all documents which purportedly demonstrate alleged damages suffered
by Plaintiff as a result of the alleged acts and/or omissions by Defendants referred
to in the Verified Complaint.
Response:
Plaintiff shall produce all documents in its custody responsive to this request.
Request 10:
Any document, writing or communication in any form relevant to the Plaintiff’s
legal representation of Decedent.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Plaintiff is withholding one or more documents on the basis of this objection.
NYSCEF Doc. #9
Witnesses
Request 1:
The names and addresses of any witnesses the happening of the transactions or
occurrences relevant to this action.
9
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Response:
Plaintiff objects to this request on the ground that Plaintiff has no obligation to provide the
requested information under CPLR 3120. To the extent that this request is construed as one for
documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Subject to and notwithstanding the foregoing, Plaintiff states that David Schlachet is such a
witness, and his address is set forth in the Summons, and further reserves the right to call Plaintiff’s
controller Shlomo Kreitman as a witness, whose address is that of Plaintiff’s counsel. Plaintiff
reserves the right to amend this response as disclosure proceeds herein.
Request 2:
The names and addresses of any witnesses or persons whom the plaintiff proposes
to call as notice witnesses on any issue.
Response:
Plaintiff objects to this request on the ground that Plaintiff has no obligation to provide the
requested information under CPLR 3120. To the extent that this request is construed as one for
documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and seeks
documents that are not material and necessary to the prosecution of the parties’ claims or defenses.
Subject to and notwithstanding the foregoing, Plaintiff states that it intends to call David Schlachet
as a witness, whose address is set forth in the Summons, and further reserves the right to call
Plaintiff’s controller Shlomo Kreitman as a witness, whose address is that of Plaintiff’s counsel.
Plaintiff reserves the right to amend this response as disclosure proceeds herein.
NYSCEF Doc. #9
Miscellaneous; Photos
Request 1:
Copies of any and all answers, pleadings, notices for discovery and inspection,
discovery responses, records and reports served or exchanged to date.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, in that it does
not specify the relevant action. Plaintiff construes this request as referring only to this action; and
accordingly objects on the ground that the subject documents are already in Defendant’s counsel’s
possession and control.
Request 2:
Copies of any and all photographs, slides, videotapes or motion pictures relevant to
the issues in this litigation.
10
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks things
that are not material and necessary to the prosecution of the parties’ claims or defenses.
NYSCEF Doc. #9
Adverse Party Statements
Request 1:
[C]opies, recordings, reproductions and/or transcriptions or any statements, written
or recorded, taken of or from defendant(s) represented by the undersigned attorneys
or from any agent, servant and/or any of their agents, servants, employees or
representatives.
Response:
Plaintiff shall produce all documents in its custody responsive to this request.
Request 2:
[C]opies, recordings, reproductions and/or transcriptions of any admissions made
by the defendant(s) represented by the undersigned attorneys or of any admissions
made by any of its agents, servants and/or employees which will be used by any of
the parties at the time of trial. If the alleged admissions were not written or
transcribed, set forth (a) the name and address of the person making the admission
(b) the name and address of the person to whom the admission was made (c) the
date, time and place where the admission was made, and (d) set forth a statement
as to exact content of the alleged admission.
Response:
Plaintiff shall produce all documents in its custody responsive to this request.
Request 3:
Copies of any and all liens asserted against the plaintiff(s) and any and all
agreements by which the plaintiff(s) has assigned, sold, demised and/or otherwise
transferred to any third party any interest in this action and/or the monies
anticipated to be recovered in this action (other than the attorney’s fees relative to
this action).
Response:
Plaintiff shall produce all documents in its custody responsive to this request.
11
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
NYSCEF Doc. #10
Demand to Preserve and Produce All ESI
Request:
Demand is made for the production of:
a. Any and all ESI potentially relevant to the issues in this case;
b. and causes of action described in the Complaint, Affirmative Defenses and any
Counterclaims;
c. ESI arising out of or related to diagnostic imaging;
d. ESI arising out of or related to communications with or regarding the claimant;
e. ESI you may use to support claims or defenses in this case;
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks
documents or things that are not material and necessary to the prosecution of the parties’ claims or
defenses. Plaintiff is withholding one or more documents or things on the basis of this objection.
Request:
IT IS FURTHER DEMANDED that you disclose and produce system and
application metadata and act to preserve it.
Response:
Plaintiff objects to this request on the ground that it lacks reasonable particularity, and
seeks documents or things that are not material and necessary to the prosecution of the parties’
claims or defenses. Plaintiff is withholding one or more documents or things on the basis of this
objection.
[Remainder of page left blank]
12
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Dated: August 3, 2020 AMI I .I.C
New York, New York
Jef rey ubak
35* 12d'
13I West Street, Floor
New York, New York 10001
(2 I2) 490-4700
jehubak aminille.com
Attorneys for Plaintif f Storch Amini P.C.
To: Joseph C. Andruni
ANDRUZZI| LAW
326 Broadway, Suite 200
Bethpage, New York I 1714
(516) 433-8600
jeandruzzi(t andruzzilawoffice.com
Attorneys for Defendant David Schlachet
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
STORCH AMINI & MUNVES PC
2 Grand Central Tower
140 East 45th Street, 25th Floor
New York, NY 10017
212 490-4100
Invoice submitted to:
Lara Prychodko January 14, 2016
File # 2875.01
145 East 16th Street
Apt. 10B
New York, NY 10003 Invoice # 28818
In Reference To: Matrimonial
Professional Services
Hours Amount
12/10/2015 ES Teleconference with L. Prychodko; research; teleconference with O. 0.30 150.00
Burke
12/14/2015 ES Teleconference with L. Prychodko; teleconference with E. Kase; 2.60 1,300.00
conference with L. Prychodko, H. Muthe
12/15/2015 ES Teleconference with L. Prychodko, Helena Muthe; employee of U.N. 0.90 450.00
School; study order; research
12/16/2015 ES Teleconference with P.O. Burk, L. Prychodko, H. Muthe 0.80 400.00
12/17/2015 AE Went with ES to apartment of client and took pictures for future use in 1.50 165.00
case
ES Review Family Court petition; teleconference with L. Prychodko; emails 0.30 150.00
12/18/2015 ES Teleconference with R. Schectman and L. Prychodko 0.20 100.00
12/21/2015 AE Uploaded and printed pictures of client's apartment for ES 1.00 110.00
ES Family court proceeding 2.80 1,400.00
12/23/2015 ES Teleconference with R. Riviccaio 0.20 100.00
12/24/2015 ES Study petition 0.20 100.00
12/30/2015 ES Conference with L. Prychodko re: family court summons and complaint 0.90 450.00
12/31/2015 ES Emails 0.20 100.00
For professional services rendered 11.90 $4,975.00
12/14/2015 Payment - Thank You - Retainer. Check No. 6414 ($5,000.00)
Total payments and adjustments ($5,000.00)
P001
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Lara Prychodko Page 2
Amount
Credit balance ($25.00)
Attorney Summary
Name Hours Amount
Adam Engel - Paralegal 2.50 $275.00
Eric Seiff - Of Counsel 9.40 $4,700.00
P002
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
STORCH AMINI & MUNVES PC
2 Grand Central Tower
140 East 45th Street, 25th Floor
New York, NY 10017
212 490-4100
Invoice submitted to:
Lara Prychodko February 19, 2016
File # 2875.01
145 East 16th Street
Apt. 10B
New York, NY 10003 Invoice # 28902
In Reference To: Matrimonial
Professional Services
Hours Amount
1/3/2016 ES Teleconference with Dr. J. Youngman 0.40 200.00
1/4/2016 ES Email re: temporary order of protection; study summons 0.30 150.00
1/5/2016 ES To Family Court to confirm legal question re: "answer" 0.20 100.00
1/6/2016 HL Meet with ES re: new matter, preparation for custody petition hearing; 0.40 120.00
coordinate with LA to assign paralegal and begin organizing documents;
meet with L. Prychodko, ES and TS re: preparation for hearing and
collection of electronic information
ES Conference with HL, L. Prychodko, T. Silverman 2.40 1,200.00
1/7/2016 HL Coordinate with SM to pull down publicly available documents; docket 6.50 1,950.00
dates related to same; email correspondence with ES re: deadlines for
appeal; research on Westlaw re: supervised visitation, evidentiary
issues, and appointment of neutral forensic psychologist, and email
summary re: same to ES in preparation for hearing
ES Email; conference with HL; teleconference with D. Schuck; emails; 2.40 1,200.00
research
1/8/2016 ES Research; memo to file; conference with L. Prychodko 4.40 2,200.00
1/10/2016 ES Research 3.80 1,900.00
1/11/2016 ES Draft and edit memo; court; teleconference with B. Thomsen 4.50 2,250.00
1/12/2016 ES Teleconference with L. Prychodko; start drafting cross-motion; 4.00 2,000.00
teleconference with D. Schuck
1/15/2016 ES Cross-motion; emails and teleconferences with L. Prychodko, A. Carlin, 4.80 2,400.00
R. Rivieccio; court
1/19/2016 ES Email; teleconference with L. Prychodko 0.40 200.00
P003
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Lara Prychodko Page 2
Hours Amount
1/20/2016 ES Teleconference with L. Prychodko; start motion 0.40 200.00
1/21/2016 ES Study family court transcript; emails; teleconference with L. Prychodko; 3.40 1,700.00
draft motion (continuing); research
1/22/2016 ES Work on motion; emails; teleconference with L. Prychodko 0.90 450.00
1/25/2016 ES Conference with L. Prychodko; meeting with B. Stevens of ACS; 2.30 1,150.00
research
1/26/2016 ES Study contract; teleconference with Tony Sierra; teleconference with L. 0.60 300.00
Prychodko; emails
1/27/2016 ES Conference with L. Prychodko, TS; research 3.20 1,600.00
TS Took client's iPad offsite to have the glass and LCD replaced for 0.80 156.00
preparation of Google Chrome history export
1/28/2016 ES Teleconference with L. Prychodko; emails; research 0.60 300.00
1/29/2016 ES Emails; draft affirmation in opposition to motion to dismiss 1.70 850.00
1/31/2016 ES Edit motion 0.50 250.00
For professional services rendered 48.90 $22,826.00
Disbursements:
Qty/Price
1/11/2016 Court Reporter 1 164.00
Court reporter - Molly's Professional Typing Service - Transcript of hearing 164.00
1/27/2016 Misc. Expenses 1 185.09
Miscellaneous Expenses - NYC Mobile Device Doctors - Repairing of broken 185.09
screen on Ipad
1/31/2016 Photocopying 227 45.40
Photocopies and direct to copier print jobs for January 2016 0.20
Research 1 235.39
Research - Westlaw charges for January 2016 235.39
Total costs $629.88
Total amount of this bill $23,455.88
Previous balance ($25.00)
P004
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
Lara Prychodko Page 3
Amount
Balance due $23,430.88
Attorney Summary
Name Hours Amount
Eric Seiff - Of Counsel 41.20 $20,600.00
Hayley Lowe - Associate 6.90 $2,070.00
Tony Sierra - Manager of Information Technology 0.80 $156.00
P005
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023
STORCH AMINI & MUNVES PC
2 Grand Central Tower
140 East 45th Street, 25th Floor
New York, NY 10017
212 490-4100
Invoice submitted to:
Lara Prychodko March 16, 2016
File # 2875.01
145 East 16th Street
Apt. 10B
New York, NY 10003 Invoice # 28955
In Reference To: Matrimonial
Professional Services
Hours Amount
2/1/2016 ES Emails; teleconference with L. Prychodko 0.20 10
Preview
FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK STORCH AMINI P.C., Index No. 651911/2020 Plaintiff, PLAINTIFF’S RESPONSES AND - against - OBJECTIONS TO DEFENDANT’S NOTICES OF DISCOVERY AND INSPECTION DAVID SCHLACHET, Defendant. Plaintiff responds and objects as follows to Defendant’s notices of discovery and inspection, served July 15, 2020 (NYSCEF Doc. #7-10) and states: NYSCEF Doc. #7 Document Demands Request 1: All documents that the Answering party intends to introduce into evidence or otherwise produce at trial or on any motion in this action, providing next to each identified document, its current or last known location, the name of its custodian and a summary of its content. Response: Plaintiff does not object to the portion of this request asking for all documents that Plaintiff intends to introduce or produce at trial or on any motion, and shall produce all such documents in its custody. However, Plaintiff objects to this request insofar as it requests that Plaintiff “provid[e] next to each identified document, its current or last known location, the name of its custodian and a summary of its content” as Plaintiff has no obligation to do so under CPLR 3120. Request 2: Identify and separately list any other communication (oral or and/or written, including emails) that Answering party reviewed and/or upon which Answering party relied to support the allegations of, or in the defense of allegations of: a. The Verified Complaint, whether or not said communication was referenced in any forgoing pleading or motion, and whether or not Answering party intends to introduce it as evidence at the trial or on any motion in this action, providing, next to each identified communication; the place where and date on which it occurred; each participant in the communication; each other person present during the communication and/or each other person to whom all or part of its content or substance was transmitted; the identity of the person who initiated the communication; the position, business affiliation and present or last known addresses of all persons identified in any response herein; the subject matter of the communication; and whether there is any physical evidence, including FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 writing, e-mail or tape recording, describing or memorializing the communication, and if so, describe the physical evidence and identify its current and/or last known custodian and location. b. The Verified Answer, whether or not said communication was referenced in any forgoing pleading or motion, and whether or not Answering party intends to introduce it as evidence at the trial or on any motion in this action, providing, next to each identified communication; the place where and date on which it occurred; each participant in the communication; each other person present during the communication and/or each other person to whom all or part of its content or substance was transmitted; the identity of the person who initiated the communication; the position, business affiliation and present or last known addresses of all persons identified in any response herein; the subject matter of the communication; and whether there is any physical evidence, including writing, e-mail or tape recording, describing or memorializing the communication, and if so, describe the physical evidence and identify its current and/or last known custodian and location. Response: Plaintiff objects to this request on the ground that Plaintiff has no obligation to “identify [or] separately list” documents under CPLR 3120. To the extent that this request is construed as one for documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Request 3: Identify and separately list all correspondence, memoranda, e-mails, communications or any other transmission by Answering Party relating to the subject matter of this litigation. Response: Plaintiff objects to this request on the ground that Plaintiff has no obligation to “identify [or] separately list” documents under CPLR 3120. To the extent that this request is construed as one for documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Request 4: Any and all other documents evidencing, referring or relating to the subject matter of this action, whether or not Answering party intend to introduce the document into evidence at trial or as an exhibit on any motion in this action. 2 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. Request 5: Any and all documents, surveys, reports, graphs, articles, studies, databases and/or coding sheets that were reviewed and/or relied on and/or generated by any and all experts or other persons that plaintiff have retained, or with whom Answering Party has consulted, regarding the subject matter of this lawsuit. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. Request 6: Any and all document(s) evidencing, reflecting or referring to incident/accident report or statement taken from any person/party/witness relevant to occurrences herein or the damages as claimed by any Party herein. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Request 7: Any documents, other than those already requested, tangible objects, or other items of real, demonstrative, or documentary evidence which contain, or may contain, material or information which is, or may be, or which you contend is relevant to any of the issues involved in this case. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. Request 8: All documents relating to any facts or information about the subject matter of any issues in this case furnished by you to any expert you expect to call as an expert witness on the trial of this case. 3 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Response: Plaintiff shall produce all documents in its custody responsive to this request. Request 9: PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to CPLR 3101 (a), that you set forth in writing and under oath, the name and address of each person claimed by any party you represent, to be a witness to any of the following: a. The occurrences alleged in the Complaint, or referred to in any Affirmative Defense or counter claim in the Answer; or; b. Any acts, omissions or conditions which allegedly caused the occurrence alleged in the Complaint or referred to in any Affirmative Defense or counter claim contained in the Answer; or; c. Any statement, whether oral, written, or recorded in any other medium made by a party represented by the undersigned. If no such witnesses are known to the answering party regarding any subdivision of this Demand, so state in the sworn reply to this Demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. Response: Plaintiff objects to this request on the ground that Plaintiff has no obligation to provide the requested information under CPLR 3120. To the extent that this request is construed as one for documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Subject to and notwithstanding the foregoing, Plaintiff states that it intends to call Defendant as a witness, whose address is set forth in the Summons, and further reserves the right to call Plaintiff’s controller Shlomo Kreitman as a witness, whose address is that of Plaintiff’s counsel. Plaintiff reserves the right to amend this response as disclosure proceeds herein. Request 10: [A]udiotape and/or written statement made by or taken from each such party and his/her or its agents, servants or employee now in your possession, custody, or control or in the possession, custody, or control of any party you represent in this action, if such statement in any manner bears on the issues in this action. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks things that are not material and necessary to the prosecution of the parties’ claims or defenses. 4 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Request 11: [P]hotographs and/or videotapes in your possession, custody or control or in the possession, custody or control of your client of any: a. The scene of any alleged occurrences relevant to the Complaint or Affirmative Defenses asserted thereto; b. Photographs and/or videotapes and/or audiotapes showing the physical and/or mental condition of a party represented by the undersigned if said physical and/or mental condition is in issue. c. Photographs or other media depicting any chattels or property relevant to the Complaint or Affirmative Defenses asserted thereto; d. Any and all memorialized media purporting constitute an Admission or Statement Against Interest of a Party herein. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks things that are not material and necessary to the prosecution of the parties’ claims or defenses. Request 12: [A]ny and all reports, memoranda or other writing made connection with this occurrences relevant to the Complaint or Affirmative Defenses asserted thereto, including the reports, memoranda or other writing made in connection with any claim asserted against the Answering Party. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. Request 13: [A]ny and all documents, reports, memoranda or other writing relevant to the Complaint or Affirmative Defenses asserted thereto. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. 5 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Request 14: [T]he contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment which may be entered herein, including but not limited to excess and additional coverage. Response: Plaintiff shall produce all documents in its custody responsive to this request. NYSCEF Doc. #8 Additional Document Demands Request 1: All documents that the Answering party intends to introduce into evidence or otherwise produce at trial or on any motion in this action, providing next to each identified document, its current or last known location, the name of its custodian and a summary of its content. Response: Plaintiff does not object to the portion of this request asking for all documents that Plaintiff intends to introduce or produce at trial or on any motion, and shall produce all documents in its custody responsive to this request. Plaintiff objects to this request insofar as it requests that it “provid[e] next to each identified document, its current or last known location, the name of its custodian and a summary of its content” as Plaintiff has no obligation to do so under CPLR 3120. Request 2: A complete copy of the client file maintained by Plaintiff in connection with the action entitled David Schlachet vs. Lara Prychodko, Index No.: 305151/2016 or otherwise pertaining to legal representation of any nature of Decedent Lara Nadia Anike Prychodko, (“Decedent”), collectively referred to as the "Underlying Litigation(s)” including but not limited to: a. Any and all pleadings served in the Underlying Litigation(s), in your possession, custody or control. b. Any and all discovery materials, reports and other related documents exchanged in the Underlying Litigation(s), in your possession, custody or control. c. Any and all non-privileged written communications between the parties (including their respective attorneys) involved in the Underlying Litigation(s), in your possession, custody or control. 6 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 d. Any and all motions and responsive submissions filed in the Underlying Litigation(s), in your possession, custody or control. e. Any and all deposition transcripts from the Underlying Litigation(s), in your possession, custody or control. f. Any and all trial transcripts from the Underlying Litigation(s), in your possession, custody or control. g. Any and all hearing transcripts from the Underlying Litigation(s), in your possession, custody or control. h. Copies of transcripts of all court proceedings from the Underlying Litigation(s), in your possession, custody or control. i. Any and all expert reports and expert disclosures from the Underlying Litigation(s), in your possession, custody or control. j. Any and all appellate motions, briefs and responsive submissions concerning the Underlying Litigation(s), in your possession, custody or control. k. Any and all trial court and appellate court orders, decisions, decrees and judgments relating to the Underlying Litigation(s), in your possession, custody or control. l. Any and all documents filed with the Court in the Underlying Litigation(s). m. Any and all notes, file memos, meeting memoranda arising out of or relating to the Underlying Litigation(s). n. Any and all correspondence and communications (including all attachments thereto) of any nature to or from the Decedent, consultants, inter-office, third- parties or adversaries arising out of or relating to the Underlying Litigation(s). o. Any and all invoices, billing correspondence, time slips, billing mark-ups, time records and material of any nature arising out of or relating to client time charges in the Underlying Litigation(s) along with any and all documents pertaining to payment, credit(s), credit extension(s), security or other financial transactions with the Decedent related to professional fees and any memoranda, charging lien, separation of services document, account statement or other writing or memorialized communication. Response: Plaintiff objects to this request on the ground that it seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Subject to and notwithstanding the foregoing, Plaintiff shall produce invoices reflecting time detail and amounts owed for services 7 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 rendered (covered by subdivision (o)). Plaintiff is otherwise withholding one or more documents on the basis of this objection. Request 3: Any and all retainer agreements, engagement letters, modification, memoranda, as to the Decedent’s retention of any attorney in connection with the Underlying Litigation(s) and professional services related thereto. Response: Plaintiff shall produce all documents in its custody responsive to this request. Request 4: Any and all documents referred to or relevant to the Plaintiff's Complaint or the Underlying Litigation(s). Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. Request 5: Any and all documents referred to in the Complaint or otherwise relevant to the issues therein or the Underlying Litigation(s). Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. Request 6: Any and all documents you intend to use at the trial of this matter. Response: Plaintiff shall produce all documents in its custody responsive to this request. Request 7: Any and all correspondence, emails (in native data format), documents and other communications exchanged between Plaintiff and Defendant or Decedent, relevant to the occurrences alleged in the Verified Complaint or relevant to the issues in contentions in litigation or the Underlying Litigation(s). 8 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. Request 8: Any and all correspondence, emails, documents and other communications exchanged between Plaintiff and any non-parties, pertaining in any way to the occurrences alleged in the Verified Complaint, relevant to the Answer(s) thereto or the Underlying Litigation(s). Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. Request 9: Any and all documents which purportedly demonstrate alleged damages suffered by Plaintiff as a result of the alleged acts and/or omissions by Defendants referred to in the Verified Complaint. Response: Plaintiff shall produce all documents in its custody responsive to this request. Request 10: Any document, writing or communication in any form relevant to the Plaintiff’s legal representation of Decedent. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents on the basis of this objection. NYSCEF Doc. #9 Witnesses Request 1: The names and addresses of any witnesses the happening of the transactions or occurrences relevant to this action. 9 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Response: Plaintiff objects to this request on the ground that Plaintiff has no obligation to provide the requested information under CPLR 3120. To the extent that this request is construed as one for documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Subject to and notwithstanding the foregoing, Plaintiff states that David Schlachet is such a witness, and his address is set forth in the Summons, and further reserves the right to call Plaintiff’s controller Shlomo Kreitman as a witness, whose address is that of Plaintiff’s counsel. Plaintiff reserves the right to amend this response as disclosure proceeds herein. Request 2: The names and addresses of any witnesses or persons whom the plaintiff proposes to call as notice witnesses on any issue. Response: Plaintiff objects to this request on the ground that Plaintiff has no obligation to provide the requested information under CPLR 3120. To the extent that this request is construed as one for documents, Plaintiff objects on the ground that the request lacks reasonable particularity, and seeks documents that are not material and necessary to the prosecution of the parties’ claims or defenses. Subject to and notwithstanding the foregoing, Plaintiff states that it intends to call David Schlachet as a witness, whose address is set forth in the Summons, and further reserves the right to call Plaintiff’s controller Shlomo Kreitman as a witness, whose address is that of Plaintiff’s counsel. Plaintiff reserves the right to amend this response as disclosure proceeds herein. NYSCEF Doc. #9 Miscellaneous; Photos Request 1: Copies of any and all answers, pleadings, notices for discovery and inspection, discovery responses, records and reports served or exchanged to date. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, in that it does not specify the relevant action. Plaintiff construes this request as referring only to this action; and accordingly objects on the ground that the subject documents are already in Defendant’s counsel’s possession and control. Request 2: Copies of any and all photographs, slides, videotapes or motion pictures relevant to the issues in this litigation. 10 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks things that are not material and necessary to the prosecution of the parties’ claims or defenses. NYSCEF Doc. #9 Adverse Party Statements Request 1: [C]opies, recordings, reproductions and/or transcriptions or any statements, written or recorded, taken of or from defendant(s) represented by the undersigned attorneys or from any agent, servant and/or any of their agents, servants, employees or representatives. Response: Plaintiff shall produce all documents in its custody responsive to this request. Request 2: [C]opies, recordings, reproductions and/or transcriptions of any admissions made by the defendant(s) represented by the undersigned attorneys or of any admissions made by any of its agents, servants and/or employees which will be used by any of the parties at the time of trial. If the alleged admissions were not written or transcribed, set forth (a) the name and address of the person making the admission (b) the name and address of the person to whom the admission was made (c) the date, time and place where the admission was made, and (d) set forth a statement as to exact content of the alleged admission. Response: Plaintiff shall produce all documents in its custody responsive to this request. Request 3: Copies of any and all liens asserted against the plaintiff(s) and any and all agreements by which the plaintiff(s) has assigned, sold, demised and/or otherwise transferred to any third party any interest in this action and/or the monies anticipated to be recovered in this action (other than the attorney’s fees relative to this action). Response: Plaintiff shall produce all documents in its custody responsive to this request. 11 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 NYSCEF Doc. #10 Demand to Preserve and Produce All ESI Request: Demand is made for the production of: a. Any and all ESI potentially relevant to the issues in this case; b. and causes of action described in the Complaint, Affirmative Defenses and any Counterclaims; c. ESI arising out of or related to diagnostic imaging; d. ESI arising out of or related to communications with or regarding the claimant; e. ESI you may use to support claims or defenses in this case; Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents or things that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents or things on the basis of this objection. Request: IT IS FURTHER DEMANDED that you disclose and produce system and application metadata and act to preserve it. Response: Plaintiff objects to this request on the ground that it lacks reasonable particularity, and seeks documents or things that are not material and necessary to the prosecution of the parties’ claims or defenses. Plaintiff is withholding one or more documents or things on the basis of this objection. [Remainder of page left blank] 12 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Dated: August 3, 2020 AMI I .I.C New York, New York Jef rey ubak 35* 12d' 13I West Street, Floor New York, New York 10001 (2 I2) 490-4700 jehubak aminille.com Attorneys for Plaintif f Storch Amini P.C. To: Joseph C. Andruni ANDRUZZI| LAW 326 Broadway, Suite 200 Bethpage, New York I 1714 (516) 433-8600 jeandruzzi(t andruzzilawoffice.com Attorneys for Defendant David Schlachet FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 STORCH AMINI & MUNVES PC 2 Grand Central Tower 140 East 45th Street, 25th Floor New York, NY 10017 212 490-4100 Invoice submitted to: Lara Prychodko January 14, 2016 File # 2875.01 145 East 16th Street Apt. 10B New York, NY 10003 Invoice # 28818 In Reference To: Matrimonial Professional Services Hours Amount 12/10/2015 ES Teleconference with L. Prychodko; research; teleconference with O. 0.30 150.00 Burke 12/14/2015 ES Teleconference with L. Prychodko; teleconference with E. Kase; 2.60 1,300.00 conference with L. Prychodko, H. Muthe 12/15/2015 ES Teleconference with L. Prychodko, Helena Muthe; employee of U.N. 0.90 450.00 School; study order; research 12/16/2015 ES Teleconference with P.O. Burk, L. Prychodko, H. Muthe 0.80 400.00 12/17/2015 AE Went with ES to apartment of client and took pictures for future use in 1.50 165.00 case ES Review Family Court petition; teleconference with L. Prychodko; emails 0.30 150.00 12/18/2015 ES Teleconference with R. Schectman and L. Prychodko 0.20 100.00 12/21/2015 AE Uploaded and printed pictures of client's apartment for ES 1.00 110.00 ES Family court proceeding 2.80 1,400.00 12/23/2015 ES Teleconference with R. Riviccaio 0.20 100.00 12/24/2015 ES Study petition 0.20 100.00 12/30/2015 ES Conference with L. Prychodko re: family court summons and complaint 0.90 450.00 12/31/2015 ES Emails 0.20 100.00 For professional services rendered 11.90 $4,975.00 12/14/2015 Payment - Thank You - Retainer. Check No. 6414 ($5,000.00) Total payments and adjustments ($5,000.00) P001 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Lara Prychodko Page 2 Amount Credit balance ($25.00) Attorney Summary Name Hours Amount Adam Engel - Paralegal 2.50 $275.00 Eric Seiff - Of Counsel 9.40 $4,700.00 P002 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 STORCH AMINI & MUNVES PC 2 Grand Central Tower 140 East 45th Street, 25th Floor New York, NY 10017 212 490-4100 Invoice submitted to: Lara Prychodko February 19, 2016 File # 2875.01 145 East 16th Street Apt. 10B New York, NY 10003 Invoice # 28902 In Reference To: Matrimonial Professional Services Hours Amount 1/3/2016 ES Teleconference with Dr. J. Youngman 0.40 200.00 1/4/2016 ES Email re: temporary order of protection; study summons 0.30 150.00 1/5/2016 ES To Family Court to confirm legal question re: "answer" 0.20 100.00 1/6/2016 HL Meet with ES re: new matter, preparation for custody petition hearing; 0.40 120.00 coordinate with LA to assign paralegal and begin organizing documents; meet with L. Prychodko, ES and TS re: preparation for hearing and collection of electronic information ES Conference with HL, L. Prychodko, T. Silverman 2.40 1,200.00 1/7/2016 HL Coordinate with SM to pull down publicly available documents; docket 6.50 1,950.00 dates related to same; email correspondence with ES re: deadlines for appeal; research on Westlaw re: supervised visitation, evidentiary issues, and appointment of neutral forensic psychologist, and email summary re: same to ES in preparation for hearing ES Email; conference with HL; teleconference with D. Schuck; emails; 2.40 1,200.00 research 1/8/2016 ES Research; memo to file; conference with L. Prychodko 4.40 2,200.00 1/10/2016 ES Research 3.80 1,900.00 1/11/2016 ES Draft and edit memo; court; teleconference with B. Thomsen 4.50 2,250.00 1/12/2016 ES Teleconference with L. Prychodko; start drafting cross-motion; 4.00 2,000.00 teleconference with D. Schuck 1/15/2016 ES Cross-motion; emails and teleconferences with L. Prychodko, A. Carlin, 4.80 2,400.00 R. Rivieccio; court 1/19/2016 ES Email; teleconference with L. Prychodko 0.40 200.00 P003 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Lara Prychodko Page 2 Hours Amount 1/20/2016 ES Teleconference with L. Prychodko; start motion 0.40 200.00 1/21/2016 ES Study family court transcript; emails; teleconference with L. Prychodko; 3.40 1,700.00 draft motion (continuing); research 1/22/2016 ES Work on motion; emails; teleconference with L. Prychodko 0.90 450.00 1/25/2016 ES Conference with L. Prychodko; meeting with B. Stevens of ACS; 2.30 1,150.00 research 1/26/2016 ES Study contract; teleconference with Tony Sierra; teleconference with L. 0.60 300.00 Prychodko; emails 1/27/2016 ES Conference with L. Prychodko, TS; research 3.20 1,600.00 TS Took client's iPad offsite to have the glass and LCD replaced for 0.80 156.00 preparation of Google Chrome history export 1/28/2016 ES Teleconference with L. Prychodko; emails; research 0.60 300.00 1/29/2016 ES Emails; draft affirmation in opposition to motion to dismiss 1.70 850.00 1/31/2016 ES Edit motion 0.50 250.00 For professional services rendered 48.90 $22,826.00 Disbursements: Qty/Price 1/11/2016 Court Reporter 1 164.00 Court reporter - Molly's Professional Typing Service - Transcript of hearing 164.00 1/27/2016 Misc. Expenses 1 185.09 Miscellaneous Expenses - NYC Mobile Device Doctors - Repairing of broken 185.09 screen on Ipad 1/31/2016 Photocopying 227 45.40 Photocopies and direct to copier print jobs for January 2016 0.20 Research 1 235.39 Research - Westlaw charges for January 2016 235.39 Total costs $629.88 Total amount of this bill $23,455.88 Previous balance ($25.00) P004 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 Lara Prychodko Page 3 Amount Balance due $23,430.88 Attorney Summary Name Hours Amount Eric Seiff - Of Counsel 41.20 $20,600.00 Hayley Lowe - Associate 6.90 $2,070.00 Tony Sierra - Manager of Information Technology 0.80 $156.00 P005 FILED: NEW YORK COUNTY CLERK 10/03/2023 06:54 PM INDEX NO. 651911/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/03/2023 STORCH AMINI & MUNVES PC 2 Grand Central Tower 140 East 45th Street, 25th Floor New York, NY 10017 212 490-4100 Invoice submitted to: Lara Prychodko March 16, 2016 File # 2875.01 145 East 16th Street Apt. 10B New York, NY 10003 Invoice # 28955 In Reference To: Matrimonial Professional Services Hours Amount 2/1/2016 ES Emails; teleconference with L. Prychodko 0.20 10