Preview
FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF GENESSE
-- -···-------------------------------------------------------------X
Wells Fargo Bank, NA, Index No.: 65940/2017
NOTICE FOR
DISCOVERY &
Plaintiff, INSPECTION
E on
-against- lis rn
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby,
"JOHNDOE", said name being fictitions, it being the intention
of Plaintiff to desigñate any and all occupants of premises
being foreclosed herein, and any parties, corporations or entities,
if any, having or claiming an interest or lien upon the
mortgaged premises,
Defendants.
PLEASE TAKE NOTICE that pursuant to CPLR §3120, Defendant, Tracy A. Crosby by
her attorneys Aronow Law, P.C., hereby demand that Plaintiff produce the following within twenty
(20) days of the date of service hereof, at the office of Aronow Law, P.C., at 20 Crossways Park
Drive North, Suite 210, Woodbury, NY 11797 pursuant to §3120 of the New York Civil Practice
Law and Rules.
DEFINITIONS
"PERSON"
A. includes natural persons, groups of natural persons, action as individuals,
groups of 9âtüral persons acting in collegial capacity (i.e., as committee, board of directors, etc.),
corporations, partnerships, associates, joint ventures, public corporations, federal gover=cats, states
governments, local y,uvouunents, governmental agcñcies, or any other incorporated or
unincorporated business or social entity.
"DOCUMENT"
B. includes, but not limited to, the originals and all non-identical copies
(i.e., different from originals by reason of ñótations made on or attached to such copies, or otherwise)
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FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021
of all letters, telegrams, contracts, memoranda, intra-or inter-office memoranda, papers, notes,
reports, stadies, calendar and diary entries, maps, pamphlets, periadicals , books, graphs, charts,
tabulations, analyses, papers, indices, statistical or informational accumulations, data sheets,
working
data processing cards, tapes, sound recordings, computer printouts, web pages, e-mails, notes or
recollections of interviews, notes or recollections of meetings, notes or recollections of any other
type of communicatiüns; drafts or preliminary revisions of all the above; and any other writteñ,
printed, typed or other graphic matters of any nature, no matter how produced or reproduced, but
does not iñclüde an atterñey work product or attorney-client privileged com-mn2'ications.
EVIDENCE"
C. "TANGIBLE includes drawings, bluepriñts, charts, maps, graphs
photõgraphs, still or moving picture films or videotapes, and any physical object in the possession,
subject to the contrel of, or within the knowledge of the plaintiffs, their counsel, and any consultants,
experts or investigators.
"INDENTlFY" "IDENTIFICATION"
D. The terms or mean:
1. when used with reference to a person, to states the person's: (a) full name; (b)
present business address, or if unavailable, last known business address; (c) present home address, if
a natural person, or if unavailable last know home address; (d) citizenship; (e) business affiliation, or
if unavailable, last known business affiliation; and (f) the nature of the person's function, if not a
natural person;
2. when used with reference to a document, whether or not that document is
presently in existence, to states: (a) the date the document bears or bore, or if undated, the date it was
written; (b) the name and addresses of each person who wrote it or who participated in the writing of
it; (c) the name and address of each person to whom it was addressed and each person to whom a
"letter"
copy was identified as being directed; (e) a description of the documêñt, as for instance, or
"memerâüdum"; (f) its present location and the custodian, or if unknown, its last known location and
custodian; (g) the present lõcatión and custodiañ of each copy, or if unknown, its last known location
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FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021
or custodian, (h) if a deeümeñt is no longer in your possession, custody or control, states what
disposition was made of it, the reason or reasons for such disposition, and the date thereof; and (i)
the subject matter thereof.
3. When used with reference to a communication, to states: (a) the date and
place of such commüñleation; (b) the contents of the commpcation; and (c) the identification of the
parties to the communication as defined herein above.
"COMPLAINT"
E. refers to the Plaintiff's Complaint, filed with the County Clerk of
Genesee County, New York on or about June 27, 2017 hearing index.No. 65940/2017.
"YOURS"
F. "PLAINTIFF", "YOU", or refers to the Plaintiff(s) named in the
Complaint in this action, Plaintiff's counsel, and any consultants, experts, investigators, agents, or
other person's action on their behalf.
INSTRUCTIONS
(a) With respect to any information or document which you withhold on the ground of
privilege, Defendant requests that you the subject matter of the information or docursent,
identify
specifying the date of the information or docunleñt, author and addressee, to whom the contents of
the document was cemmunicated, and the basis of the claim of privilege.
(b) In the event that you are aware that information or a document responsive to a
particular production request exists, but you do not have the responsive information or document
within your possession or control, you should identify the person or entity that possesses or controls
the responsive information or document.
(c) If any requests or portion thereof is sujected to or unanswered for any other reason,
you should fully set forth the nature of your objection.
(d) These requests are continuing in nature so as to require the filing of supple±±±rntal
answers if further or different information or documents become known to you or are obtained by
you prior to trial.
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FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021
DEMAND FOR DISCOVERY AND INSPECTION
1. Produce the criginal, as well as a copy of the initial, revised and final note, credit
agreement and disclosures, hieliiding ALL pages for the loan which is subject of this action.
2. Produce all origiñal, as well as copies of decümcñts prepared by Plaintiff and/or its
predecessor in interest and signed by the Defendant at the time of the closing of the loan
which is subject of this action.
3. Produce originals, as well as copies of all statements sent by Plaintiff to the
Defendant in connection with this loan.
4. Produce copies of the demand for payment made by the Plaintiff and all documents
related to Plaintiff's actions.
5. Produce all records of payments made by Defèndant to Plaintiff and the latest
reinstatement statement.
6. Produce a copy of the loan application.
7. Produce copies of all mail, if any, returned to Plaintiff which was addressed to the
Defendant.
8. Produce copies of all customer service inquiries, call tracking system notations and
records or oral and written requests by or on behalf of Plaintiff to Defendant in connection to
this loan.
9. Produce the crigiñal(s), as well as copies of any insurance documents and Guarañty
Agreements, and power of attorney in connection with this loan.
10. Produce a copy of the endorsed checks which disbursed the precectis of the alleged
loan.
11. Pmduce the original(s), as well as copies of any sales agreemcñts and repurchase
agreements in connection with this loan.
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FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021
12. Produce any documents evideñcing the alleged assignment or assigr.rc.ents of the loan
to the Plaintiff.
13. Produce a certified copy of any insurance policies insuring the note, and/ or master
servicing agreement for trust certificates or asset backed certificates with interests or
securitized/ecilateralized debt obligation promissory agreements, in its entirety, or any other
documents relating to the securitization of the loan which is/are subject to this action.
14. Produce the corporate documents that show the original mortgagee was licensed
under the name presented on the mortgage with the NYS Banking Dept. or NYS Dept. of
States.
15. Produce employment records for the last six years of any persons who signed any
endorsements, assignments and affidavits for this transaction.
16. Produce all documentation including employee employment records demonstrating
that the signor of any assignments and/or indoresements of mortgage had the power to sign
on behalf of the party on whose behalf they are signing.
Dated: August 28, 2017
Woodbury, New York. ARONO LA , .C.
Hanin R. Shaaood, Esq.
Aronow Law, P.C.
Attorneys for Defendant
20 Crossways Park Drive North, Suite 210
Woodbury, New York, 11797
(516) 762-6700
TO:
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-900
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FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021
SUPREME COURT OF THE STATES OF NEW YORK INDEX NO. ; 65940
COUNTY OF GENESEE YEAR: 2017
Wells Fargo Bank, NA,
Plaintiff,
-against-
Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby,
"JOHNDOE", said name being fictitious, it being the intention
of Plaintiff to designate any and all occupants of premises
being foreclosed herein, and any parties, corporations or entities,
if any, having or claiming an interest or lien upon the
mortgaged premises
Defendant(s).
NOTICE FOR DISCOVERY & INSPECTION
Signatur
Print Name: Hanin R. Shadood
Hanin R. Shadood, Esq
Aronow Law, P.C.
20 Crossways Park Drive N. Suite 210
Woodbury, NY 11797
Tel. (516) 762-6700
TO:
SHAPIRO, DICARO & BARAK, LLC
ATTORNEYS FOR PLAINTIFF
175 Mile Crossing Boulevard
Rochester, New York 14624
Tel. (585) 247-9000
Service of a copy of the within
Is hereby admitted:
Dated: August 28, 2017
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Preview
FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF GENESSE -- -···-------------------------------------------------------------X Wells Fargo Bank, NA, Index No.: 65940/2017 NOTICE FOR DISCOVERY & Plaintiff, INSPECTION E on -against- lis rn Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby, "JOHNDOE", said name being fictitions, it being the intention of Plaintiff to desigñate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. PLEASE TAKE NOTICE that pursuant to CPLR §3120, Defendant, Tracy A. Crosby by her attorneys Aronow Law, P.C., hereby demand that Plaintiff produce the following within twenty (20) days of the date of service hereof, at the office of Aronow Law, P.C., at 20 Crossways Park Drive North, Suite 210, Woodbury, NY 11797 pursuant to §3120 of the New York Civil Practice Law and Rules. DEFINITIONS "PERSON" A. includes natural persons, groups of natural persons, action as individuals, groups of 9âtüral persons acting in collegial capacity (i.e., as committee, board of directors, etc.), corporations, partnerships, associates, joint ventures, public corporations, federal gover=cats, states governments, local y,uvouunents, governmental agcñcies, or any other incorporated or unincorporated business or social entity. "DOCUMENT" B. includes, but not limited to, the originals and all non-identical copies (i.e., different from originals by reason of ñótations made on or attached to such copies, or otherwise) 1 of 6 FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021 of all letters, telegrams, contracts, memoranda, intra-or inter-office memoranda, papers, notes, reports, stadies, calendar and diary entries, maps, pamphlets, periadicals , books, graphs, charts, tabulations, analyses, papers, indices, statistical or informational accumulations, data sheets, working data processing cards, tapes, sound recordings, computer printouts, web pages, e-mails, notes or recollections of interviews, notes or recollections of meetings, notes or recollections of any other type of communicatiüns; drafts or preliminary revisions of all the above; and any other writteñ, printed, typed or other graphic matters of any nature, no matter how produced or reproduced, but does not iñclüde an atterñey work product or attorney-client privileged com-mn2'ications. EVIDENCE" C. "TANGIBLE includes drawings, bluepriñts, charts, maps, graphs photõgraphs, still or moving picture films or videotapes, and any physical object in the possession, subject to the contrel of, or within the knowledge of the plaintiffs, their counsel, and any consultants, experts or investigators. "INDENTlFY" "IDENTIFICATION" D. The terms or mean: 1. when used with reference to a person, to states the person's: (a) full name; (b) present business address, or if unavailable, last known business address; (c) present home address, if a natural person, or if unavailable last know home address; (d) citizenship; (e) business affiliation, or if unavailable, last known business affiliation; and (f) the nature of the person's function, if not a natural person; 2. when used with reference to a document, whether or not that document is presently in existence, to states: (a) the date the document bears or bore, or if undated, the date it was written; (b) the name and addresses of each person who wrote it or who participated in the writing of it; (c) the name and address of each person to whom it was addressed and each person to whom a "letter" copy was identified as being directed; (e) a description of the documêñt, as for instance, or "memerâüdum"; (f) its present location and the custodian, or if unknown, its last known location and custodian; (g) the present lõcatión and custodiañ of each copy, or if unknown, its last known location 2 of 6 FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021 or custodian, (h) if a deeümeñt is no longer in your possession, custody or control, states what disposition was made of it, the reason or reasons for such disposition, and the date thereof; and (i) the subject matter thereof. 3. When used with reference to a communication, to states: (a) the date and place of such commüñleation; (b) the contents of the commpcation; and (c) the identification of the parties to the communication as defined herein above. "COMPLAINT" E. refers to the Plaintiff's Complaint, filed with the County Clerk of Genesee County, New York on or about June 27, 2017 hearing index.No. 65940/2017. "YOURS" F. "PLAINTIFF", "YOU", or refers to the Plaintiff(s) named in the Complaint in this action, Plaintiff's counsel, and any consultants, experts, investigators, agents, or other person's action on their behalf. INSTRUCTIONS (a) With respect to any information or document which you withhold on the ground of privilege, Defendant requests that you the subject matter of the information or docursent, identify specifying the date of the information or docunleñt, author and addressee, to whom the contents of the document was cemmunicated, and the basis of the claim of privilege. (b) In the event that you are aware that information or a document responsive to a particular production request exists, but you do not have the responsive information or document within your possession or control, you should identify the person or entity that possesses or controls the responsive information or document. (c) If any requests or portion thereof is sujected to or unanswered for any other reason, you should fully set forth the nature of your objection. (d) These requests are continuing in nature so as to require the filing of supple±±±rntal answers if further or different information or documents become known to you or are obtained by you prior to trial. 3 of 6 FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021 DEMAND FOR DISCOVERY AND INSPECTION 1. Produce the criginal, as well as a copy of the initial, revised and final note, credit agreement and disclosures, hieliiding ALL pages for the loan which is subject of this action. 2. Produce all origiñal, as well as copies of decümcñts prepared by Plaintiff and/or its predecessor in interest and signed by the Defendant at the time of the closing of the loan which is subject of this action. 3. Produce originals, as well as copies of all statements sent by Plaintiff to the Defendant in connection with this loan. 4. Produce copies of the demand for payment made by the Plaintiff and all documents related to Plaintiff's actions. 5. Produce all records of payments made by Defèndant to Plaintiff and the latest reinstatement statement. 6. Produce a copy of the loan application. 7. Produce copies of all mail, if any, returned to Plaintiff which was addressed to the Defendant. 8. Produce copies of all customer service inquiries, call tracking system notations and records or oral and written requests by or on behalf of Plaintiff to Defendant in connection to this loan. 9. Produce the crigiñal(s), as well as copies of any insurance documents and Guarañty Agreements, and power of attorney in connection with this loan. 10. Produce a copy of the endorsed checks which disbursed the precectis of the alleged loan. 11. Pmduce the original(s), as well as copies of any sales agreemcñts and repurchase agreements in connection with this loan. 4 of 6 FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021 12. Produce any documents evideñcing the alleged assignment or assigr.rc.ents of the loan to the Plaintiff. 13. Produce a certified copy of any insurance policies insuring the note, and/ or master servicing agreement for trust certificates or asset backed certificates with interests or securitized/ecilateralized debt obligation promissory agreements, in its entirety, or any other documents relating to the securitization of the loan which is/are subject to this action. 14. Produce the corporate documents that show the original mortgagee was licensed under the name presented on the mortgage with the NYS Banking Dept. or NYS Dept. of States. 15. Produce employment records for the last six years of any persons who signed any endorsements, assignments and affidavits for this transaction. 16. Produce all documentation including employee employment records demonstrating that the signor of any assignments and/or indoresements of mortgage had the power to sign on behalf of the party on whose behalf they are signing. Dated: August 28, 2017 Woodbury, New York. ARONO LA , .C. Hanin R. Shaaood, Esq. Aronow Law, P.C. Attorneys for Defendant 20 Crossways Park Drive North, Suite 210 Woodbury, New York, 11797 (516) 762-6700 TO: SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-900 5 of 6 FILED: GENESEE COUNTY CLERK 08/29/2017 INDEX NO. E65940 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 07/30/2021 SUPREME COURT OF THE STATES OF NEW YORK INDEX NO. ; 65940 COUNTY OF GENESEE YEAR: 2017 Wells Fargo Bank, NA, Plaintiff, -against- Tracy Pollack a/k/a Tracy A. Pollack a/k/a Tracy A. Crosby, "JOHNDOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises Defendant(s). NOTICE FOR DISCOVERY & INSPECTION Signatur Print Name: Hanin R. Shadood Hanin R. Shadood, Esq Aronow Law, P.C. 20 Crossways Park Drive N. Suite 210 Woodbury, NY 11797 Tel. (516) 762-6700 TO: SHAPIRO, DICARO & BARAK, LLC ATTORNEYS FOR PLAINTIFF 175 Mile Crossing Boulevard Rochester, New York 14624 Tel. (585) 247-9000 Service of a copy of the within Is hereby admitted: Dated: August 28, 2017 6 of 6