Preview
FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------X Index No.: 608790/2022
THE RUSSEL FRIEDMAN LAW GROUP, LLP,
RESPONSE TO
Plaintiffs,
PLAINTIFF'S
-against- DISCOVERY
DEMANDS
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
Defendant, ARIHAY KAIKOV, PACIFIC 2340 CORP, ROYAL A&K REALTY
GROUP IN., A&E R.E. MANAGEMENT CORP., NY PRIME HOLDING LLC, and AG
REALTY BRONX CORP, by and through their attorneys Shiryak, Bowman, Anderson, Gill &
Kadochnikov LLP, as for a response to Plaintiff's First Combined Notice of Discovery and
Inspection allege upon information and belief, as follows:
GENERAL RESPONSES AND OBJECTIONS
1. Defendant expressly reserves the right to supplement, clarify, revise, or
correct any or all of his responses and objections below, including asserting additional objections
or privileges at any time.
2. Defendant objects to each Request to the extent that it seeks information
which is neither relevant to the subject matter of this action nor reasonably calculated to lead to
the discovery of admissible evidence.
3. Defendant objects to each Request to the extent that it exceeds the scope
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of permissible discovery under the New York Civil Practice Law and Rules or seeks to impose
obligations on Plaintiffs that are greater than those imposed by the New York Civil Practice Law
and Rules. Defendant expressly reserves the right to object to the introduction into evidence at
trial, or upon the record at any stage of this litigation, of information or documents subject to any
objection contained herein. By responding to these Requests, Defendant does not concede the
relevance or admissibility of the information requested nor does it adopt Plaintiff's legal
characterizations of terms and words used herein.
4. Defendant objects to these Requests, including the definitions and
instructions provided therewith, as being overbroad, unduly burdensome or harassing, onerous
and all-inclusive, and as requiring Defendant to undertake an unreasonable investigation.
5. Defendant objects to each request to the extent that it seeks information
that is protected from discovery by the attorney-client privilege or the work-product doctrine or
which constitutes or discloses the mental impressions, conclusions, opinions or legal theories of
an attorney in this or any other litigation, or which is protected from disclosure by any other
privilege or immunity.
6. Defendant objects to these requests to the extent that they seek
confidential, proprietary, trade secret, financial or commercially sensitive business information.
Further, Defendant reserves the right to seek a Discovery Confidentiality Order regarding any
additional information and/or documents sought by Plaintiff and not produced herewith.
7. Defendant objects to each request to the extent that it calls for legal
conclusions. Plaintiff's responses shall not be construed as providing or accepting a legal
conclusion concerning the meaning or application of any terms used in the Plaintiff's Requests.
8. Defendant objects to these Requests on the grounds of vagueness and over
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breadth to the extent that Plaintiff did not provide definitions of key operative terms or phrases
and have otherwise failed to delineate the scope or meaning of each Request.
9. Defendant objects to these requests to the extent that they seek responses
on behalf of any individual or entity other than Defendant, and to the extent the requests seek
information in the possession, custody or control of any individual or entity other than
Defendant. Accordingly, each response to these requests will be made on behalf of Defendant
"Defendant"
only. Defendant additionally objects to Plaintiff's definition of to mean anything
other than Plaintiff, individually.
10. Defendant objects to these Requests to the extent that they seek
Information already known, or seek information equally accessible to Plaintiff or already in
Plaintiff's possession, custody or control, or to the extent that these Requests are related to or
purport to require the production or identification of documents, writings, records, or
publications in the public domain since such information is equally available to Plaintiff.
11. Defendant objects to each Request to the extent that it seeks to require
Defendant to reveal confidential or sensitive business information.
"you,"
12. Defendant objects to each and every Request using the terms
"your," "Defendants"
and including all variations thereof, on the basis that each Request is
overbroad, vague, ambiguous, unduly burdensome, and/or to the extent the Request is directed to
parties other than Defendant. Defendant objects to these Requests to the extent such terms
purport to encompass Defendant's "affiliates, subsidiaries, assigns and other related entities, all
of its respective present and former agents, servants, representatives, accountants, investigators,
behalf."
consultants, attorneys, and any other person or entity acting on its Defendant responds
only with respect to the entity named as Defendant herein.
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13. Defendant objects to these Requests to the extent that they lack foundation
and/or assume facts not of record.
14. Defendant has not completed its investigation or discovery of the facts
related to this case, and has not completed its preparation for any proceeding or trial that might
be held therein. Any responses to these Requests are based on information presently known to
Defendant and are given without prejudice to Defendant's right to amend its objections and
responses, and/or to produce subsequently discovered documents. No incidental or implied
admissions are intended in Defendant's responses.
15. A specific reference to a particular General Objection in the following
responses is not intended to exclude the application of other General Objections to that response
or of the General Objections to other responses. To the extent that Defendant responds to a
Request to which it objects, such objections are not waived by the furnishing of information or
providing of documents.
16. Defendant does not make any representations in its responses to these
Requests other than those clearly articulated therein. Defendant therefore objects to any and all
efforts on the part of Plaintiff to further read or ascribe any representations, meanings, etc., to
Defendant's statements, or lack of statements, in its answers.
Subject to the foregoing general objections and the specific objections set forth herein,
Defendant responds to the Request as follows:
RESPONSES
1. Please provide documentation memorializing any insurance coverage for the allegations
set forth in Plaintiff's Complaint.
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RESPONSE: Defendant is not in custody or control of any such documents.
2. Please provide all communications by and between Defendants and any employee of The
Russell Friedman Law Group, LLP.
RESPONSE: See attached Exhibits.
Defendants'
3. Please provide any audio or video records in possession which capture or
depict the images and/or voices of any employees of The Russell Friedman Law Group,
Defendants'
LLP in relation to representation in the Chalamo Kaikov v. Arihay Kaikov,
et. al litigation.
RESPONSE: Defendant is not in custody or control of any such documents.
4. Please provide the documentation relied upon by Defendants for asserting their First
Affirmative Defense "Plaintiff has failed to state a claim upon which relief can be
granted" Defendants'
as set forth in paragraph 5 of the Verified Answer dated September
13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
5. Please provide the documentation relied upon by Defendants for asserting their Second
Plaintiffs' entirety"
Affirmative Defense "[t]he statute of limitations bars claims in their
Defendants'
as set forth in paragraph 6 of Verified Answer dated September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
6. Please provide the documentation relied upon by Defendants for asserting their Third
Affirmative Defense "[t]he doctrines of judicial, equitable and promissory estoppel defeat
Plaintiffs' claims" Defendants'
as set forth in paragraph 7 of Verified Answer dated
September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
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7. Please provide the documentation relied upon by Defendants for asserting their Fourth
"Defendants' evidence"
Affirmative Defense defenses are founded upon documentary as
Defendants'
set forth in paragraph 8 of Verified Answer dates September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
8. Please provide the documentation relied upon by Defendants for asserting their Fifth
Affirmative Defense "Plaintiffs do not meet the applicable standing requirements to bring
claim" Defendants'
a as set forth in paragraph 9 of Verified Answer dated September 13,
2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
9. Please provide the documentation relied upon by Defendants for asserting their Sixth
Plaintiffs'
Affirmative Defense "Defendants did not violate any right or duty to as set
Defendants'
forth in paragraph 10 of Verified Answer dated September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
10. Please provide the documentation relied upon by Defendants for asserting their Seventh
"Plaintiffs'
Affirmative Defense alleged damages were sustained, in whole or in part,
through the acts and omissions of the Plaintiffs or persons, parties, and/or entities other
Defendants" Defendants'
than as set forth in paragraph 1lof Verified Answer dated
September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
11. Please provide the documentation relied upon by Defendants for asserting their Eighth
Affirmative Defense "[a]ny acts or omissions by Defendants were not a direct or
Complaint"
proximate cause of the damages sought by Plaintiffs in the as set forth in
Defendants'
paragraph 12 of Verified Answer dated September 13, 2022.
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RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
12. Please provide the documentation relied upon by Defendants for asserting their Ninth
Affirmative Defense "[a]ny damages suffered by Plaintiffs resulted from the acts of third
control'
persons over whom Defendants have/had no as set forth in paragraph 13 of
Defendants'
Verified Answer dated September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
13. Please provide the documentation relied upon by Defendants for asserting their Tenth
laches"
Affirmative Defense "Plaintiff is barred by the doctrine of as set forth in
Defendants'
paragraph 14 of Verified Answer dated September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
14. Please provide the documentation relied upon by Defendants for asserting their Eleventh
Affirmative Defense "Plaintiffs have failed to make parties to this action certain persons
in the absence of which complete relief cannot be accorded between the parties to the
action"
action or who might inequitably affected by a judgment in the as set forth in
Defendants'
paragraph 15 of Verified Answer dated September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
Defendants'
15. Please provide the documentation relied upon by for asserting their Twelfth
Affirmative Defense "Plaintiff failed to take required acts predicate to commence this
hereto"
action with all applicable laws and regulations at all times material as set forth in
Defendants'
paragraph 16 of Verified Answer dated September 13, 2022.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
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16. Please provide documentation which Defendants contend evidence that any of the
invoices attached to Plaintiff's December 22, 2022 (file date) Complaint were ever
challenged, objected to, and/or rejected.
RESPONSE: Objection as demand is argumentative and calls for a legal conclusion.
Dated: Kew Gardens, New York
October 13, 2023
Yours, etc.,
SHIRYAK, BOWMAN, ANDERSON, GILL
& KADOCHNIKOV LLP
By: Dustin Bowman, Esq.
Attorneys for Defendant
80-02 Kew Gardens Road, Suite 600
Kew Gardens, New York 11415
Tel: (718) 263-6800
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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: October 13, 2023
Kew Gardens, New York
Dustin Bown an, Esq.
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Preview
FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------X Index No.: 608790/2022 THE RUSSEL FRIEDMAN LAW GROUP, LLP, RESPONSE TO Plaintiffs, PLAINTIFF'S -against- DISCOVERY DEMANDS 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 Defendant, ARIHAY KAIKOV, PACIFIC 2340 CORP, ROYAL A&K REALTY GROUP IN., A&E R.E. MANAGEMENT CORP., NY PRIME HOLDING LLC, and AG REALTY BRONX CORP, by and through their attorneys Shiryak, Bowman, Anderson, Gill & Kadochnikov LLP, as for a response to Plaintiff's First Combined Notice of Discovery and Inspection allege upon information and belief, as follows: GENERAL RESPONSES AND OBJECTIONS 1. Defendant expressly reserves the right to supplement, clarify, revise, or correct any or all of his responses and objections below, including asserting additional objections or privileges at any time. 2. Defendant objects to each Request to the extent that it seeks information which is neither relevant to the subject matter of this action nor reasonably calculated to lead to the discovery of admissible evidence. 3. Defendant objects to each Request to the extent that it exceeds the scope 1 1 of 9 FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 of permissible discovery under the New York Civil Practice Law and Rules or seeks to impose obligations on Plaintiffs that are greater than those imposed by the New York Civil Practice Law and Rules. Defendant expressly reserves the right to object to the introduction into evidence at trial, or upon the record at any stage of this litigation, of information or documents subject to any objection contained herein. By responding to these Requests, Defendant does not concede the relevance or admissibility of the information requested nor does it adopt Plaintiff's legal characterizations of terms and words used herein. 4. Defendant objects to these Requests, including the definitions and instructions provided therewith, as being overbroad, unduly burdensome or harassing, onerous and all-inclusive, and as requiring Defendant to undertake an unreasonable investigation. 5. Defendant objects to each request to the extent that it seeks information that is protected from discovery by the attorney-client privilege or the work-product doctrine or which constitutes or discloses the mental impressions, conclusions, opinions or legal theories of an attorney in this or any other litigation, or which is protected from disclosure by any other privilege or immunity. 6. Defendant objects to these requests to the extent that they seek confidential, proprietary, trade secret, financial or commercially sensitive business information. Further, Defendant reserves the right to seek a Discovery Confidentiality Order regarding any additional information and/or documents sought by Plaintiff and not produced herewith. 7. Defendant objects to each request to the extent that it calls for legal conclusions. Plaintiff's responses shall not be construed as providing or accepting a legal conclusion concerning the meaning or application of any terms used in the Plaintiff's Requests. 8. Defendant objects to these Requests on the grounds of vagueness and over 2 2 of 9 FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 breadth to the extent that Plaintiff did not provide definitions of key operative terms or phrases and have otherwise failed to delineate the scope or meaning of each Request. 9. Defendant objects to these requests to the extent that they seek responses on behalf of any individual or entity other than Defendant, and to the extent the requests seek information in the possession, custody or control of any individual or entity other than Defendant. Accordingly, each response to these requests will be made on behalf of Defendant "Defendant" only. Defendant additionally objects to Plaintiff's definition of to mean anything other than Plaintiff, individually. 10. Defendant objects to these Requests to the extent that they seek Information already known, or seek information equally accessible to Plaintiff or already in Plaintiff's possession, custody or control, or to the extent that these Requests are related to or purport to require the production or identification of documents, writings, records, or publications in the public domain since such information is equally available to Plaintiff. 11. Defendant objects to each Request to the extent that it seeks to require Defendant to reveal confidential or sensitive business information. "you," 12. Defendant objects to each and every Request using the terms "your," "Defendants" and including all variations thereof, on the basis that each Request is overbroad, vague, ambiguous, unduly burdensome, and/or to the extent the Request is directed to parties other than Defendant. Defendant objects to these Requests to the extent such terms purport to encompass Defendant's "affiliates, subsidiaries, assigns and other related entities, all of its respective present and former agents, servants, representatives, accountants, investigators, behalf." consultants, attorneys, and any other person or entity acting on its Defendant responds only with respect to the entity named as Defendant herein. 3 3 of 9 FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 13. Defendant objects to these Requests to the extent that they lack foundation and/or assume facts not of record. 14. Defendant has not completed its investigation or discovery of the facts related to this case, and has not completed its preparation for any proceeding or trial that might be held therein. Any responses to these Requests are based on information presently known to Defendant and are given without prejudice to Defendant's right to amend its objections and responses, and/or to produce subsequently discovered documents. No incidental or implied admissions are intended in Defendant's responses. 15. A specific reference to a particular General Objection in the following responses is not intended to exclude the application of other General Objections to that response or of the General Objections to other responses. To the extent that Defendant responds to a Request to which it objects, such objections are not waived by the furnishing of information or providing of documents. 16. Defendant does not make any representations in its responses to these Requests other than those clearly articulated therein. Defendant therefore objects to any and all efforts on the part of Plaintiff to further read or ascribe any representations, meanings, etc., to Defendant's statements, or lack of statements, in its answers. Subject to the foregoing general objections and the specific objections set forth herein, Defendant responds to the Request as follows: RESPONSES 1. Please provide documentation memorializing any insurance coverage for the allegations set forth in Plaintiff's Complaint. 4 4 of 9 FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 RESPONSE: Defendant is not in custody or control of any such documents. 2. Please provide all communications by and between Defendants and any employee of The Russell Friedman Law Group, LLP. RESPONSE: See attached Exhibits. Defendants' 3. Please provide any audio or video records in possession which capture or depict the images and/or voices of any employees of The Russell Friedman Law Group, Defendants' LLP in relation to representation in the Chalamo Kaikov v. Arihay Kaikov, et. al litigation. RESPONSE: Defendant is not in custody or control of any such documents. 4. Please provide the documentation relied upon by Defendants for asserting their First Affirmative Defense "Plaintiff has failed to state a claim upon which relief can be granted" Defendants' as set forth in paragraph 5 of the Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 5. Please provide the documentation relied upon by Defendants for asserting their Second Plaintiffs' entirety" Affirmative Defense "[t]he statute of limitations bars claims in their Defendants' as set forth in paragraph 6 of Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 6. Please provide the documentation relied upon by Defendants for asserting their Third Affirmative Defense "[t]he doctrines of judicial, equitable and promissory estoppel defeat Plaintiffs' claims" Defendants' as set forth in paragraph 7 of Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 5 5 of 9 FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 7. Please provide the documentation relied upon by Defendants for asserting their Fourth "Defendants' evidence" Affirmative Defense defenses are founded upon documentary as Defendants' set forth in paragraph 8 of Verified Answer dates September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 8. Please provide the documentation relied upon by Defendants for asserting their Fifth Affirmative Defense "Plaintiffs do not meet the applicable standing requirements to bring claim" Defendants' a as set forth in paragraph 9 of Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 9. Please provide the documentation relied upon by Defendants for asserting their Sixth Plaintiffs' Affirmative Defense "Defendants did not violate any right or duty to as set Defendants' forth in paragraph 10 of Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 10. Please provide the documentation relied upon by Defendants for asserting their Seventh "Plaintiffs' Affirmative Defense alleged damages were sustained, in whole or in part, through the acts and omissions of the Plaintiffs or persons, parties, and/or entities other Defendants" Defendants' than as set forth in paragraph 1lof Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 11. Please provide the documentation relied upon by Defendants for asserting their Eighth Affirmative Defense "[a]ny acts or omissions by Defendants were not a direct or Complaint" proximate cause of the damages sought by Plaintiffs in the as set forth in Defendants' paragraph 12 of Verified Answer dated September 13, 2022. 6 6 of 9 FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 12. Please provide the documentation relied upon by Defendants for asserting their Ninth Affirmative Defense "[a]ny damages suffered by Plaintiffs resulted from the acts of third control' persons over whom Defendants have/had no as set forth in paragraph 13 of Defendants' Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 13. Please provide the documentation relied upon by Defendants for asserting their Tenth laches" Affirmative Defense "Plaintiff is barred by the doctrine of as set forth in Defendants' paragraph 14 of Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 14. Please provide the documentation relied upon by Defendants for asserting their Eleventh Affirmative Defense "Plaintiffs have failed to make parties to this action certain persons in the absence of which complete relief cannot be accorded between the parties to the action" action or who might inequitably affected by a judgment in the as set forth in Defendants' paragraph 15 of Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. Defendants' 15. Please provide the documentation relied upon by for asserting their Twelfth Affirmative Defense "Plaintiff failed to take required acts predicate to commence this hereto" action with all applicable laws and regulations at all times material as set forth in Defendants' paragraph 16 of Verified Answer dated September 13, 2022. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. 7 7 of 9 FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 16. Please provide documentation which Defendants contend evidence that any of the invoices attached to Plaintiff's December 22, 2022 (file date) Complaint were ever challenged, objected to, and/or rejected. RESPONSE: Objection as demand is argumentative and calls for a legal conclusion. Dated: Kew Gardens, New York October 13, 2023 Yours, etc., SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV LLP By: Dustin Bowman, Esq. Attorneys for Defendant 80-02 Kew Gardens Road, Suite 600 Kew Gardens, New York 11415 Tel: (718) 263-6800 8 8 of 9 FILED: NASSAU COUNTY CLERK 10/13/2023 11:40 AM INDEX NO. 608790/2022 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2023 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: October 13, 2023 Kew Gardens, New York Dustin Bown an, Esq. 9 9 of 9