Preview
FILED: KINGS COUNTY CLERK 01/19/2021 12:40 PM INDEX NO. 525892/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------------- Index No.: 525892/2020
HOWARD SMITH,
Plaintiff, DEFENDANT’S
INTERROGATORIES TO
-against- PLAINTIFF
Q & O ESTATES CORP.,
Defendant.
---------------------------------------------------------------------------
Defendant Q&O Estates Corp. (hereinafter “Defendant”), by and through its counsel,
Petroff Amshen, LLP, hereby propounds the following interrogatories upon Plaintiff Howard
Smith (hereinafter “Plaintiff”) and requests that they be answered separately, fully and under oath
within thirty (30) days of service pursuant to CPLR 3130.
DEFINITIONS
a. The words “you,” “yours” and/or “yourself” means Plaintiff, Howard Smith, and any
agents, representatives or other persons acting, or purporting to act, on behalf of Plaintiff.
b. The singular shall include the plural and vice versa; the terms “and” or “or” shall be both
conjunctive and disjunctive; and the term “including” means “including without
limitation.”
c. “Date” shall mean the exact date, month and year, if ascertainable or, if not, the best
approximation of the date (based upon relationship with other events).
d. The word “document” shall mean any writing, recording or photograph in your actual or
constructive possession, custody, care or control, which pertain directly or indirectly, in
whole or in part, either to any of the subjects listed below or to any other matter relevant
to the issues in this action, or which are themselves listed below as specific documents,
including, but not limited to: correspondence, memoranda, notes, messages, policies,
diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms,
video tapes or tape recordings.
e. “Agent” shall mean: any agent, employee, officer, director, attorney, independent
contractor or any other person acting at the direction of or on behalf of another.
f. “Person” shall mean any individual, corporation, proprietorship, partnership, trust,
association or any other entity.
g. The words “pertain to” or “pertaining to” mean: relates to, refers to, contains, concerns,
describes, embodies, mentions, constitutes, constituting, supports, corroborates,
demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or
contradicts.
h. “Identify,” “identity,” or “identification” means, when used in reference to a document,
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means and includes the name and address of the custodian of the document, the location
of the document, and a general description of the document including (1) the type of
document (i.e., correspondence, memorandum, facsimile etc.); (2) the general subject
matter of the document; (3) the date of the document; (4) the author of the document; (5)
the addressee of the document; and (6) the relationship of the author and addressee to each
other.
When used in reference to:
(1) A natural person, his or her:
i. Full name;
ii. Home address;
iii. Business address; and
iv. Present or last known position, business affiliation, and job title or
description.
(2) A company, corporation, association, partnership, or any legal entity other than a
natural person:
i. Its full name;
ii. A description of the type of organization or entity;
iii. The address of its principal place of business;
iv. The jurisdiction of its incorporation or organization; and
v. The date of its incorporation or organization.
(3) A document:
i. Its description (for example, letter, memorandum, report, etc.);
ii. Its title;
iii. Its date;
iv. The number of pages thereof;
v. Its subject matter;
vi. The identity of its author, signer, and any person who practices in its
preparation:
vii. The Identity of its addresses or recipient;
viii. The identity of each person to whom copies were sent and each person by
whom copies were received.
ix. Its present location; and
x. The identity of its custodian (if any such document was, but is no longer,
in your possession or subject to your control, state what disposition was
made of it and when).
(4) An oral communication:
i. The date and time when it occurred;
ii. The place where it occurred;
iii. The complete substance of the communication;
iv. The identity of each person:
1. To whom such communication was made
2. By whom such communication was made; and
3. Who was present when such communication was made.
v. If by phone;
1. The identity of each person:
a. Who made each phone call;
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b. Who participated in each call:
c. The place where each person participating in each call was
located.
d. The identity of all documents memorializing, referring, or
relating in any way to the subject matter of the
communication.
i. The term “third party” or “third parties” refers to individuals or entities that are not
a party to this action.
j. The term “action” shall mean the case entitled titled, Howard Smith v. Q&O Estates Corp.,
currently pending the Supreme Court of the State, City, and County of Kings, Index No.
525892/2020.
k. The “Subject Premises” is known as and located at 424 Hart Street, Brooklyn, New York
11221, Block: 1596, Lot: 12.
l. The “Subject Deed” is identified as the Deed for the Subject Premises transferred between
Plaintiff Howard Smith and Defendant Q&O Estates Corp., on November 11, 2009 and
recorded on January 14, 2011 in the Office of the City Registrar of the City of New York
in CFRN: 2011000018455.
INSTRUCTIONS
If you object to fully identifying a document or oral communication because of a privilege,
you must nevertheless provide the following information, unless divulging the information would
disclose the privileged information:
1) the nature of the privilege claimed (including work product);
2) the date of the document or oral communication;
3) if a document: its type (correspondence, memorandum, facsimile etc.), custodian,
location, and such other information sufficient to identify the document for a
subpoena duces tecum or a document request, including where appropriate the
author, the addressee, and, if not apparent, the relationship between the author and
addressee;
4) if an oral communication: the place where it was made, the names of the persons
present while it was made, and, if not apparent, the relationship of the persons
present to the declarant; and
5) the general subject matter of the document or oral communication.
INTERROGATORIES
1. Identify who prepared and who assisted in the preparation of the responses to these
Interrogatories. Please include the preparer’s full name, address, phone number/email
address, and their relationship to Plaintiff.
ANSWER:
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2. Identify all the individuals Plaintiff had communications with from the time period of
January 2020 through the present regarding Plaintiff’s ownership of the subject Property.
ANSWER:
3. Identify the source of, as well as, the names of all the individuals Plaintiff had
communications with regarding the eleventh allegation in the Complaint that “’Mr. Ely
Avitsedek’ has gone about in Brooklyn and Queens Neighborhoods under different names
such as: ‘Eli Maor’ ‘Ilan Avitsedek,’ ‘Ely Cohen,’ and other corporate names as well. He
is currently being sued for similar fraud by other New York City homeowners.”
ANSWER:
4. Identify all the individuals or entities that have financially contributed and/or aided with
this litigation.
ANSWER:
5. Identify all the individuals or entities that have sent notices, written and/or verbal
solicitations to Plaintiff regarding the sale of the Property from the time period of January
2020 through the present.
ANSWER:
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the foregoing
demand, the undersigned will move the Court for the imposition of the appropriate sanctions
pursuant to CPLR § 3124, CPLR § 3126 and 22 NYCRR Part 130 and such other rules as may
apply.
These are continuing demands.
Dated: Brooklyn, New York
January 18, 2021
/s/Jill Schaefer
PETROFF AMSHEN LLP
By: Jill Schaefer, Esq.
Attorneys for Defendant
Q & O ESTATES CORP.
1795 Coney Island Avenue, Third Floor
Brooklyn, New York 11230
(718) 336-4200
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Preview
FILED: KINGS COUNTY CLERK 01/19/2021 12:40 PM INDEX NO. 525892/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------- Index No.: 525892/2020 HOWARD SMITH, Plaintiff, DEFENDANT’S INTERROGATORIES TO -against- PLAINTIFF Q & O ESTATES CORP., Defendant. --------------------------------------------------------------------------- Defendant Q&O Estates Corp. (hereinafter “Defendant”), by and through its counsel, Petroff Amshen, LLP, hereby propounds the following interrogatories upon Plaintiff Howard Smith (hereinafter “Plaintiff”) and requests that they be answered separately, fully and under oath within thirty (30) days of service pursuant to CPLR 3130. DEFINITIONS a. The words “you,” “yours” and/or “yourself” means Plaintiff, Howard Smith, and any agents, representatives or other persons acting, or purporting to act, on behalf of Plaintiff. b. The singular shall include the plural and vice versa; the terms “and” or “or” shall be both conjunctive and disjunctive; and the term “including” means “including without limitation.” c. “Date” shall mean the exact date, month and year, if ascertainable or, if not, the best approximation of the date (based upon relationship with other events). d. The word “document” shall mean any writing, recording or photograph in your actual or constructive possession, custody, care or control, which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other matter relevant to the issues in this action, or which are themselves listed below as specific documents, including, but not limited to: correspondence, memoranda, notes, messages, policies, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes or tape recordings. e. “Agent” shall mean: any agent, employee, officer, director, attorney, independent contractor or any other person acting at the direction of or on behalf of another. f. “Person” shall mean any individual, corporation, proprietorship, partnership, trust, association or any other entity. g. The words “pertain to” or “pertaining to” mean: relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. h. “Identify,” “identity,” or “identification” means, when used in reference to a document, 1 of 4 FILED: KINGS COUNTY CLERK 01/19/2021 12:40 PM INDEX NO. 525892/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/19/2021 means and includes the name and address of the custodian of the document, the location of the document, and a general description of the document including (1) the type of document (i.e., correspondence, memorandum, facsimile etc.); (2) the general subject matter of the document; (3) the date of the document; (4) the author of the document; (5) the addressee of the document; and (6) the relationship of the author and addressee to each other. When used in reference to: (1) A natural person, his or her: i. Full name; ii. Home address; iii. Business address; and iv. Present or last known position, business affiliation, and job title or description. (2) A company, corporation, association, partnership, or any legal entity other than a natural person: i. Its full name; ii. A description of the type of organization or entity; iii. The address of its principal place of business; iv. The jurisdiction of its incorporation or organization; and v. The date of its incorporation or organization. (3) A document: i. Its description (for example, letter, memorandum, report, etc.); ii. Its title; iii. Its date; iv. The number of pages thereof; v. Its subject matter; vi. The identity of its author, signer, and any person who practices in its preparation: vii. The Identity of its addresses or recipient; viii. The identity of each person to whom copies were sent and each person by whom copies were received. ix. Its present location; and x. The identity of its custodian (if any such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it and when). (4) An oral communication: i. The date and time when it occurred; ii. The place where it occurred; iii. The complete substance of the communication; iv. The identity of each person: 1. To whom such communication was made 2. By whom such communication was made; and 3. Who was present when such communication was made. v. If by phone; 1. The identity of each person: a. Who made each phone call; 2 of 4 FILED: KINGS COUNTY CLERK 01/19/2021 12:40 PM INDEX NO. 525892/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/19/2021 b. Who participated in each call: c. The place where each person participating in each call was located. d. The identity of all documents memorializing, referring, or relating in any way to the subject matter of the communication. i. The term “third party” or “third parties” refers to individuals or entities that are not a party to this action. j. The term “action” shall mean the case entitled titled, Howard Smith v. Q&O Estates Corp., currently pending the Supreme Court of the State, City, and County of Kings, Index No. 525892/2020. k. The “Subject Premises” is known as and located at 424 Hart Street, Brooklyn, New York 11221, Block: 1596, Lot: 12. l. The “Subject Deed” is identified as the Deed for the Subject Premises transferred between Plaintiff Howard Smith and Defendant Q&O Estates Corp., on November 11, 2009 and recorded on January 14, 2011 in the Office of the City Registrar of the City of New York in CFRN: 2011000018455. INSTRUCTIONS If you object to fully identifying a document or oral communication because of a privilege, you must nevertheless provide the following information, unless divulging the information would disclose the privileged information: 1) the nature of the privilege claimed (including work product); 2) the date of the document or oral communication; 3) if a document: its type (correspondence, memorandum, facsimile etc.), custodian, location, and such other information sufficient to identify the document for a subpoena duces tecum or a document request, including where appropriate the author, the addressee, and, if not apparent, the relationship between the author and addressee; 4) if an oral communication: the place where it was made, the names of the persons present while it was made, and, if not apparent, the relationship of the persons present to the declarant; and 5) the general subject matter of the document or oral communication. INTERROGATORIES 1. Identify who prepared and who assisted in the preparation of the responses to these Interrogatories. Please include the preparer’s full name, address, phone number/email address, and their relationship to Plaintiff. ANSWER: 3 of 4 FILED: KINGS COUNTY CLERK 01/19/2021 12:40 PM INDEX NO. 525892/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/19/2021 2. Identify all the individuals Plaintiff had communications with from the time period of January 2020 through the present regarding Plaintiff’s ownership of the subject Property. ANSWER: 3. Identify the source of, as well as, the names of all the individuals Plaintiff had communications with regarding the eleventh allegation in the Complaint that “’Mr. Ely Avitsedek’ has gone about in Brooklyn and Queens Neighborhoods under different names such as: ‘Eli Maor’ ‘Ilan Avitsedek,’ ‘Ely Cohen,’ and other corporate names as well. He is currently being sued for similar fraud by other New York City homeowners.” ANSWER: 4. Identify all the individuals or entities that have financially contributed and/or aided with this litigation. ANSWER: 5. Identify all the individuals or entities that have sent notices, written and/or verbal solicitations to Plaintiff regarding the sale of the Property from the time period of January 2020 through the present. ANSWER: PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the foregoing demand, the undersigned will move the Court for the imposition of the appropriate sanctions pursuant to CPLR § 3124, CPLR § 3126 and 22 NYCRR Part 130 and such other rules as may apply. These are continuing demands. Dated: Brooklyn, New York January 18, 2021 /s/Jill Schaefer PETROFF AMSHEN LLP By: Jill Schaefer, Esq. Attorneys for Defendant Q & O ESTATES CORP. 1795 Coney Island Avenue, Third Floor Brooklyn, New York 11230 (718) 336-4200 4 of 4