Preview
BER-L-000671-23 11/10/2023 3:56:01PM Pglof2 Trans ID: LCV20233341530
PRIBISH-REIss LLP
By: JOHN J. PRIBISH (249611968)
500 Alexander Park, Suite 104
Princeton, NJ 08540
Phone: (609) 766-9500 / Fax: (609) 994-5844
Attorneys for Plaintiff Zuberman Commercial Realty LLC
ZUBERMAN COMMERCIAL REALTY, SUPERIOR COURT OF NEW JERSEY
LLC, LAW DIVISION-BERGEN COUNTY
DOCKET NO. BER-L-000671-23
Plaintiff,
Civil Action
-vs-
PLAINTIFF’S NOTICE OF
LAYOUT, INC. d/b/a ENTIN ROAD LLC ’ MOTION TO SUPPRESS
DEFENDANT’S ANSWER
Defendant. AND SEPARATE DEFENSES
WITHOUT PREJUDICE
PURSUANT TO R. 4:23-5(a)(1)
TO Robert D. Rosen, Esq.
Rosen & Rosen, LLC
101 Gibraltar Drive, Suite 2-F
Morris Plains, NJ 07950
Attorneys for Defendant
SIR:
PLEASE TAKE NOTICE that on Friday, December 1, 2023, at 9:00 o’clock in the
forenoon or as soon thereafter as counsel may be heard, the undersigned, attorneys for Plaintiff
>
shall apply to the Superior Court of New Jersey, Law Division, Bergen County, at the Bergen
County Courthouse, 10 Main Street, Hackensack, NJ, for an Order suppressing the Answer and
Separate Defenses of the Defendant, Layout, Inc. d/b/a Entin Road LLC.
In support of the within application, Plaintiff, Zuberman Commercial Realty, LLC, shall
rely upon the Certification of John J. Pribish, Esq. submitted herewith.
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A proposed form of Order is also submitted herewith.
PRIBISH-REISS, LLP
Attorneys for Plaintiff
Zuberman Commercial Ri LLC
By
J. PRI (249611968)
00 lex: fr Park, Suite 104
iceton, NJ 08540
Telephone: (609) 766-9500
Facsimile: (609) 994-5844
Email: Jpribish@pribish-reiss.com
Dated: November 10, 2023
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PRIBISH-REIss LLP
By: JOHN J. PRIBISH (24961 1968)
500 Alexander Park, Suite 104
Princeton, NJ 08540
Phone: (609) 766-9500 / Fax: (609) 994-5844
Attorneys for Plaintiff Zuberman Commercial Realty LLC
ZUBERMAN COMMERCIAL REALTY, SUPERIOR COURT OF NEW JERSEY
LLC, LAW DIVISION-BERGEN COUNTY
DOCKET NO. BER-L-000671-23
Plaintiff,
Civil Action.
-vs-
CERTIFICATION OF
LAYOUT, INC. d/b/a ENTIN ROAD LLC, JOHN J. PRIBISH IN SUPPORT
OF PLAINTIFF’S MOTION
Defendant. SUPPRESSING DEFENDANT’S
ANSWER AND SEPARATE DEFENSES
WITHOUT PREJUDICE
PURSUANT TO R. 4:23-5(a)(1)
JOHN J. PRIBISH, ESQ., of full age, hereby certifies as follows:
1 I am an attorney at law of the State of New Jersey and a partner in the firm of
Pribish-Reiss, LLP, attorneys for Plaintiff Zuberman Commercial Realty, LLC, in the above
captioned matter. I have personal knowledge of the facts which are set forth hereafter except
where otherwise noted.
2 I make this Certification in Support of the Plaintiff's Motion to Suppress the
Answer and Separate Defenses without prejudice of the Defendant Layout, Inc. d/b/a Entin Road
LLC pursuant to Rule 4:23-5(a)(1).
3 On March 27, 2023, Plaintiff propounded upon Defendant its First Set of
Interrogatories and First Request for Production of Documents. (See copies of Interrogatories and
Request for Production, as well as letter of March 27, 2023 from the undersigned to Robert D.
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Rosen, Esq., attorney for Defendants, annexed hereto as Exhibit A.
4 By email dated April 10, 2023, counsel for Defendant requested that the
undersigned provide another copy of the discovery documents as same had been misplaced; which
request was responded to also on April 10, 2023. (See email exchange of April 10, 2023 annexed
hereto as Exhibit B).
5 Having not received the responses to the Plaintiff's discovery requests, the
undersigned wrote to counsel for Defendant on September 28, 2023 requesting that same be
provided within the next ten (10) business days. (See copy of letter dated September 28, 2023
annexed hereto as Exhibit C).
6. Thereafter, on October 19, 2023, the undersigned wrote again to Defendant’s
counsel, advising of the failure of the Defendants to provide the answers to Interrogatories and
responses to the Request for Production of Documents and extending the due date to October 27,
2023. (See letter from John J. Pribish to Robert D. Rosen, Esq. annexed hereto as Exhibit D).
7 Instead of providing the discovery responses by the extended date of October 27,
2023, the undersigned received an email from Defendant’s counsel advising that the responses to
Interrogatories “are currently being drafted and will be provided upon completion of same”. (See
email dated October 27, 2023 at 4:03 p.m. annexed hereto as Exhibit E).
8 In response thereto, the undersigned emailed counsel for the Defendant advising
that Defendants have had ample time to respond and had previously been granted two (2)
extensions; to which Defendant’s counsel replied again “. . . they are in the process of currently
being drafted.” (See email exchange between counsel dated October 27, 2023 annexed hereto as
Exhibit F).
9 Finally, in a last-ditch effort to avoid the necessity of filing the within Motion, the
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undersigned, on November 2, 2023, emailed counsel for the Defendant, advising that unless the
discovery responses were received by the end of the day (November 2, 2023), Plaintiff would be
forced to take action. (See email from the undersigned to counsel for Defendant annexed hereto as
Exhibit G).
10. As of November 10, 2023, eight (8) days after the final extension provided, neither
answers to Plaintiff's Interrogatories nor responses to the Plaintiff's Request for Production of
Documents have been received from Defendant. Nor has the Defendant advised when, if ever, the
responses to the Interrogatories and Document Request would be provided.
11. Plaintiff hereby respectfully requests that the Court enter an Order suppressing the
Answer and Separate Defenses of the Defendant Layout, Inc. d/b/a Entin Road LLC without
prejudice pursuant to Rule 4:23-5(a)(1) for failure to provide the discovery responses.
I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
Dated: November 10, 2023 ha A_>
th J. PRIBISH (249611968)
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EXHIBIT A
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—~ ~
NS
PRIBISH — REISS tp
Counselors at Law
500 Alexander Park, Suite 104
Princeton, NJ 08540
Phone: (609) 766-9500
Fax: (609) 994-5844
www. pribish-reiss.com
John J. Pribish
ipribish@pribish-reiss.com New fic
MemberNJ & NY Bars 1100 Park Avenue, 16* Floor
New York, NY 10017
Dan Reiss Phone: (212) 880-6400
ireiss@pribish-reiss.com
March 27, 2023
Robert D. Rosen, Esq.
Rosen & Rosen, LLC
101 Gibraltar Drive, Suite 2-F
Morris Plains, NJ 07950
RE: Zuberman Commercial Realty, LLC v.
Layout, Inc. d/b/a Entin Road, LLC
Docket No. BER-L-000671-23
Dear Mr. Rosen:
Enclosed please find Plaintiff's First Set of Interrogatories to Defendant and Plaintiff's
First Request for Production of Documents to Defendant in the above referenced matter
which are
hereby propounded upon you.
Kindly acknowledge receipt of the within documents and return a copy of this letter to me
in the envelope Tees
Pei pe
Verry truly yours,
JJP:pw
Enclosures
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PRIBISH-REIss LLP
By: JOHN J. PRIBISH (249611968)
500 Alexander Park, Suite 104
Princeton, NJ 08540
Phone: (609) 766-9500 / Fax: (609) 994-5844
Attorneys for Plaintiff Zuberman Commercial Realty, LLC
ZUBERMAN COMMERCIAL REALTY, SUPERIOR COURT OF NEW JERSEY
LLC, LAW DIVISION-BERGEN COUNTY
DOCKET NO. BER-L-000671-23
Plaintiff,
Civil Action
-vs-
PLAINTIFF’S FIRST SET OF
LAYOUT, INC. d/b/a ENTIN ROAD LLC, INTERROGATORIES TO DEFENDANT
Defendant.
TO: Robert D. Rosen, Esq.
Rosen & Rosen, LLC
101 Gibraltar Drive
Suite 2-F
Morris Plains, NJ 07950
Attorneys for Defendant
SIR:
PLEASE TAKE NOTICE that pursuant to R. 4:17-1 et seq., Plaintiff, Zuberman
Commercial Realty, LLC, by and through its undersigned counsel,
Pribish-Reiss LLP, hereby
propound the following First Set of Interrogatories (“Interrogat
ories”) upon Defendant, Layout,
Inc. d/b/a Entin Road LLC, with respect to Plaintiff's Compla
int. Defendant is directed to provide
certified and fully responsive answers to the Interrogator
ies under oath, and according to the
Definitions and General Instructions which follow, within the
time required by the Rules of Court.
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uld
med con tin uin g so as to req uir e supplemental answers sho
These Interrogatories are dee
t to
ive or dis cov er addi tion al doc uments or info mation subsequen
Defendant or the ir counsel rece
the date of this request.
PRIBISH & REISS LLP
l I Realty, LLC
Attorneys for Zuberman Commercia
By
ISH G4g611 968)
Dated: March 27, 2023
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DEFINITIONS
poses of these Requests:
The following definitions apply for pur
or “Your” or Defendant or “En
tin” mean Entin
w Unle ss othe rwis e state d, “You ”
g
investigators, or representatives, includin
Road LLC, and any of Defendant’s agents, employees,
agents, employees, representatives, or
Defendant’s attorneys or Defendant’s attorneys’
investigators.
Realty, LLC.
2 “Plaintiff or “Zuberman” means Zuberman Commercial
as
3 The word “person” means natural persons, groups of natural persons acting
individuals, groups of natural persons acting in a collegial capacity (e.g., a8 2 committee, board of
directors, etc.), corporations, partnerships, joint ventures, and any other incorporated or
unincorporated business or social entities, and all administrative committees, hearing boards,
and/or decision-making bodies.
4 “Document” shall have the broadest meaning possible, and shall include without
limitation, the original and all copies and translations of any information in any written, recorded,
graphic or electronic matter, including all memoranda of oral conversations, as well as all
compilations, catalogs and summaries of information or data, whether typed, handwritten, printed,
recorded, digitally coded, or otherwise produced or reproduced, and shall include, without
limitation, each and every note, memorandum, letter, electronically stored information, and any
other data or data compilations stored in any medium from which information can be obtained and
translated, if necessary, into reasonably usable form, telegram, publication, index, list, claims file,
analysis chart, draft, summary, diary, transcript, agreement, calendar, graph, receipt, chart,
business record, insurance policy, computer printout, contract and order. "document" also means
any tape or audible recording, any photograph, motion picture, videotape, computer and word
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any non-identical copy
esso r disks , data cells , prin tout s and all other data compilations and
proc
or typewriting or
thereof, either by virtue of other material
appearing thereon, such as handwriting
the ori ginal is not available, all
otherwise. It shall further include the original, or if a copy of
copies that are not identical to the original and drafts.
any conversation, notice, transfer or exchange of
5 “Communication” means
receipt of facts or
information, expression of intent, inquiry, or other direction, conveyance, or
messages, by verbal, written, electronic, telephonic, or any other medium.
6 “Knowledge” includes both first-hand and secondary knowledge (including
hearsay knowledge).
7 “Identify” as used in these interrogatories in connection with any person or persons
requires the following information for each person:
a. The person’s full name;
b. The person’s last known address and business telephone number;
¢. The person’s last known home address;
d. The name of the person’s last known employer; and
€. The person’s last known title, position or business.
8 “Identify” as used in these interrogatories in connection with any document requires
the following information for each document:
a. The title of the document with sufficient particularity to permit its
identification;
The name, position of employment or title and business address of each
person who prepared or participated in the preparation of each document;
The date each document was prepared; and
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oyed, please identify the person
Ifall copies of the document have been destr
and specify the date
or persons authorizing the destruction of the document
of, and reason for, the destruction of the document.
9. “Identify” or “Identificatio: when referring to a telephone conversation shall
include:
a. The names of the caller and the recipient;
b. The name of any other person who was a party to the conversation; and
c. The position held by each person at the time the call was made.
10. “Identify” or “Identification” when referring to a meeting or conversation other
than by telephone, shall include:
a. The date and location of the meeting or conversation;
b. The names of the person(s) present at any time during such meeting or
conversation;
The name of the person who originated or initiated the meeting or
conversation; and
The author or maker and addressee of the statement, question or remark
made during the meeting or conversation.
11. “Describe” as used in these interrogatories in connection with any act, occurre
nce,
omission or series of acts, occurrences or omissions requires in
addition to a complete factual
description the following information:
a The identity of each and every person involved in the act, occurrence,
omission or series of acts, occurrences or omissions as provided in the
definition of “Identify”; and
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urrence,
um: ent relevant to the act, occ
b. The date(s) of each and every doc
vided in the
omission or series of acts,occurrences or omissions as pro
definition of “Identify.”
" "relating," or "supporting"
12. The terms "concerning," "constituting," “referring,
referring to, relating to, addressing, indicating, describing,
includes, without limitation:
reflecting, discussing, commenting upon, monitoring, modifying,
evidencing, containing,
upon, constituting
contradicting, quoting, criticizing, describing, creating or maintaining, bearing
a basis for, or deriving or arising from any event, act, or occurrence.
13. “All related documents” means any document that relates to, addresses, discusses,
or pertains in any way, directly or indirectly, to a document or class of documents, event, act, or
ccumrence, Jane includes, without limitation, documents comprising, constituting, analyzing,
evidencing, comparing, summarizing, discussing, reflecting, showing, referring to, forming the
basis of, containing, or supporting any event, act or occurrence.
INSTRUCTIONS
1 Unless otherwise stated, this document request covers the period from January 8,
2016 Listing Agreement with Frank Wolfer Commercial Realty. (Exhibit A to the Complaint).
2 All words of masculine gender shall include the feminine gender thereof; for
example, “his” shall include “her.”
3 “All” and “each” shall be construed as meaning either, all and each, as necessary
to bring within the scope of the discovery request all responses that might otherwise be construed
to be outside its scope. The term “any” shall‘mean “any and all.”
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in nature and each response shall be
4 Each interrogatory shall be continuing
e to such
ted to incl ude any info rmat ion, knowledge or data responsiv
modified or supplemen
onding party or its agents.
interrogatory that is later discovered by the resp
be responded to separately. If
5 Each Interrogatory and the portions thereof are to
instructed to answer the remainder.
you object to a portion of any Interrogatory, you are
ory, identify each person who
6. Along with the answer to each numbered interrogat
ion of the response to such
participated or supplied information with respect to the preparat
ed relevant information, participated in
interrogatory, specifying whether each such person suppli
mation
the preparation of the response, or both. If the response to any interrogatory contains infor
supplied by more than one person, specify the particular information supplied by each such person.
In addition, specify whether the information supplied by each such person is based on first-hand
knowledge as to the matters contained in such answers and, if not, the manner in which he acquired
such information.
7. If you claim any form of privilege with regard to any communication, document or
tangible thing, whether based on a statute or otherwise as a ground for not answering an
interrogatory or any portion thereof, or for not voluntarily producing any tangible thing or
document, with respect to each such communication, document or tangible thing for which you
claim such a privilege, you are to provide a privilege log containing all such information required
by R.4:10-2(e) (1).
8 The use of the singular form of any word includes the plural and vice versa.
9 If any Interrogatory cannot be complied with in full, please comply with it to the
extent possible, with an explanation of why full compliance is not possible.
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nts which were
ess oth erw ise stat ed, thes e Int errogator ies seek all docume
10. Unl
control at any time
or in part, and all thing : s wit hin Your possession, custody or
created in whol e,
during the relevant period.
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IN
D RROG
TEi S ORIES
AT.
information in
nam e and add res s of eac h person who has pi rovided
1 Set forth the
answering these interrogatories.
RESPONSE:
g your current or former
2 Identify every person within Defendant Entin, includin
who have personal knowledge of
employees, partners, shareholders, representatives or agents,
Wolfer Comm« ercial Realty
facts relating to January 8, 2016 Listing Agreement with Frank
(Exhibit A to the Complaint).
RESPONSE:
3. Identify each person whom Defendant Entin expects to call as an expert witness at
trial. For each such expert, state the following:
a Name, address and telephone number;
b. Type of expertise;
Current employer and job status;
The substance of the facts to which the expert is expected to
testify;
The substance of such opinion to which the expert is
expected to testify and the summary of grounds for each
opinion;
The knowledge, experience, training and education that
Mocci contends qualifies this person as an expert, including
all licenses, degrees and awards conferred on the expert;
The names and addresses of all educational institutions
attended by the expert;
A list of the publications by the expert; and
9
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rt has testified.
1. A list of the legal actions in which the expe
RESPONSE:
retained or employed
4 Identify each person whom Defendant Entin has specifically
as a trial witness. For each such
as an expert but whom Defendant Entin does not expect to call
witness, state the following:
a. Name, address and telephone number;
b. Type of expertise; and
Cc. The substance of the opinion rendered by the expert and the
grounds therefore.
RESPONSE:
5. State in detail the factual information supplied to each such expert identified in
Interrogatory Nos. 3 and 4 including, without limitation, as follows:
a. All objects and materials examined by the expert;
b. The types of such objects or materials examined by the
expert;
The source of all objects and materials examined by the
expert;
The date and place of examination of such objects or
materials by the expert;
A description of all photographs, plans, drawings,
specifications or other documents reviewed by such expert;
and
Locations, sites or facilities visited by the expert.
RESPONSE:
10
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in anticipation of
6 Has any expert provided a report regarding the issues in this case,
and extent of any oral report
litigation and/or in preparation for trial? If yes, set forth the nature
of
or relevant dates thereof, and attach copies of all written reports related to the foregoing topics
RESPONSE:
7. State the full caption, court, term and number of each prior trial, arbitration, case
and matter in which each expert has testified in the past five (5) years. If this information is
unavailable, give the name of the case involved, state the court in which each matter was tried and
approximate date of the trial.
RESPONSE:
8. State hourly fee or other hourly fee basis on which any expert will receive
compensation for services rendered in this action.
RESPONSE:
9. Please identify each and every exhibit or document which Defendant Entin
expects
to introduce into evidence at the time of trial including, but not limited to, statemen
ts by parties or
other witnesses, including expert reports. For summary exhibits, identify each document the
exhibit purports to summarize.
RESPONSE:
ll
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knowledge of any relevant fe facts and/or
10. Identify all persons who possess personal
substance of
respect to each person, set forth (a) the
other knowledge related to this case, and with
the facts
or knowledge were acquired; (c) how
such facts and/or knowledge; (b) when the facts and/
en documents evidence fact s and/or
and/or knowledge were acquired; and (d) if any writt
document.
knowledge of any person identified, specifically identify each
RESPONSE:
or
11. State whether or not Defendant Entin has (a) a written (direct, approximated,
otherwise), or (b) an oral (whether transcribed or not transcribed) statement from any of the persons
identified in the response to the preceding Interrogatory.
a. For each person listed, set forth the content of his or her
prospective testimony;
For each person listed, set forth the source of his or her
knowledge, including but not limited to, documents,
personal recollection, observation, and conversations with
others; and
Set forth the names of people who are the sources of
knowledge, if applicable.
RESPONSE:
12. Please state which of the persons identified in response to Interrogatory No. 10
Defendant Entin may call at the trial of this matter and indicate whether said person will testify as
to liability or damages or both.
RESPONSE:
12
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ified in response to Interrogatory No. 9
13. Please state which exhibits/documents ident
in Interrogatory No. 12.
may be referenced in testimony by persons identified
RESPONSE:
intends to rely upon
14, Set forth, specifically and in detail, whether Defendant Entin
state:
any admissions allegedly made by any party hereto. For each such admission,
a. The date such admission was made;
b. The name of the person by whom such admission was made;
The name and address to whom the admission was made;
Where the admission was made;
The name and address of each person present at the time the
admission was made;
The contents of the admission; and
If in writing, attach a copy of the admission.
RESPONSE:
15. If Defendant Entin or any of its representatives has had any oral communications
with Frank Wolfer or any of Plaintiff's representatives concerning the subject matter of this
lawsuit, state:
The date of the communication;
The name and address of each participant;
The name and address of each person present at the time of
such communication;
Where such communication took place; and
13
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participating in
€. A summary of what was said by each party
the communication.
RESPONSE:
and/or facts of this
16. IfDefendant Entin has obtained a statement related to the issues
action from any person not a party to this action, state:
a. The name and present address of the person who gave the
statement;
Whether the statement was oral or in writing (if in writing,
attach a copy of the statement);
The date the statement was obtained;
If such statement was oral, whether a recording was made
and, if so,
@ the nature of the recording; and
Gi) the name and present address of the person
who has custody of it;
If the statement was written, whether it was signed by the
person making the statement;
The name and address of the person who obtained the
statement; and
If the statement was oral, provide a detailed summary of its
contents.
RESPONSE:
17. For each person listed in response to the previous Interrogatory, state:
a Whether Defendant Entin may offer the witness on
Defendant’s behalf at trial;
The content of the witness’s prospective testimony;
14
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knowledge including,
The source of each of the witness’s
onal recollection,
without limitation, documents, pers
vations or conversations with oth ; and
obser
The names of any individuals who are sources of the
witness’s knowledge.
RESPONSE:
s, agents,
18. State whether or not Defendant or any of Defendant’s representative
regarding
servants and/or employees exchanged emails and/or text messages with Frank Wolfer
any commissions to be paid if the tenant Marcelli Formaggi, LLC d/b/a MF Realty LLC exercised
the option to purchase 1 Entin Road, Suite 8, Clifton, New Jersey. If so, attach true and accurate
copies thereof.
19. State whether or not Defendant or any of Defendants’ representatives, agents,
servants and/or employees ever discussed the contents of the email dated February 24, 2022 (a
copy of which is annexed hereto as Exhibit A) with Frank Wolfer or any agent, servant or employee
of Plaintiff. If so, for each such conversation state:
a. The date, time and place of each such conversation;
b The name and address of each person who participated in the conversation;
A detailed description of what was said by each person identified in
subparagraph b above;
Whether there were any witnesses to the conversation(s)
Identify by name and address each person who witnessed the
conversation(s); and
Whether there were any emails, text messages and/or correspondence
confirming each such conversation and, if so, attach true and accurate copies
hereto.
RESPONSE:
15
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~ )
s, agents,
20. State whether or not Defendant or any of Defendant’s representative
or employee of
servants or employees ever discussed with Frank Wolfer or any agent, servant
Plaintiff the Defendant’s offer to pay to Wolfer Commercial Realty the sum of $34,940.21, less
commissions paid in the amount of $17,500.00 as the total commission for the tenant Marcelli
Suite
Formaggi, LLC d/b/a MF Realty LLC having exercised the option to purchase 1 Entin Road,
8, Clifton, New Jersey. If so state:
a. The date, time and place of each such conversation;
b The name and address of each person who participated in the conversation;
A detailed description of what was said by each person identified in
subparagraph b above;
Whether there were any witnesses to the conversation(s)
Identify by name and address each person who witnessed the
conversation(s); and
Whether there were any emails, text messages and/or correspondence
confirming each such conversation and, if so, attach true and accurate copies
hereto.
RESPONSE:
16
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CERTIFICATION
if any of
Thereby certify that the foregoing Answers made by me are true. I am aware that
the foregoing answers made by me are willfully false, I am subject to punishment.
ENTIN ROAD, LLC
By:
Dated:
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EXHIBIT A
BER-L-000671-23 11/10/2023 3:5 6:01 PM bg 2Lof 28 Trans ID: LCV20233341530
commission agreement. iF Sqwas wie on
Thanks, Peter
From: Frank Wolfer -
Sent: Thursday, February 24, 2022 4:04 PM
To: John Emilius
Cc: pemiliusjr@geodcorp.com
Subject: RE: Sale of you unit to Marcelli Formaggi
Hi John,
Pleasure speaking with you this morning in
reference to your tenant Marcelli Formaggi.
The current lease extension ends June 01, 2022.
If you decide to enter a second lease extension,
may | suggest, as market rates have increased
significantly, you should increase from $15.67
PSF plus 4% to $16.30 PSF or $5,840 per month
Being said, as your tenant has continued to
express their desire to purchase, timing is in your
favor, as sale prices are at there highest in many
many Years, however interest rates are beginning
to climb, and available of first-class warehouses
are extremely scarce.
Based upon the forgoing, now would be the tim
e
for your firm to move forward to sell.
BER-L-000671-23 11/10/2023 3:56:01 PM Pg 22 of 28 Trans |D: LCV20233341530
, Wolfer
if you tenant moves forward to a purchase
rket
Commercial Realty Corp; would expect a ma
g,
commission of 5% of the net sale price at closin
however, my invoice would reflect a reduction of
the commission payments previously paid to
Wolfer for leasing.
Sincerely
Frank
he sender.
Peter Rosen, Esq.
Rosen & Rosen, LLC
101 Gibrattar Drive
Suite 2F
Morris Piains, New Jersey 07950
Ph: (973) 361-1200
Fx: (973) 361-1644
NOTICE: The contents of this email and an
y attachments to it contain confidential and/or legally privileged information from
f Silis Cummis & Gross P.C. This inform the taw firm
ati ion is ont ly for the use of the intended
hereby notified that any disclosure, recipient. If you are not the intended recipient, you are
copying, distrit ibution, or the taking of any action in
information is strictly prohibited and that reliance on the contents of the contained
the docu iments should be returned to this firm immediate
this email in error, please notify us by ly. In this regard, if you have received
email i immediately.
“*Although this email and any attac
hments are belie ved to be free of
into which it Is received and ‘Opened, any virus or other defect that might affect any computer system
it is the reap, onsibility of the recipien
t to ensure that it is virus free and No responsibility
is accepted
BER-L-000671-23 11/10/2023 3:56:01 PM Pg 23 of 28 Trans 1D: LCV20233341530
PRIBISH-ReIss LLP
By: JOHN J. PRIBISH (249611968)
500 Alexander Park, Suite 104
Princeton, NJ 08540
Phone: (609) 766-9500 / Fax: (609) 994-5844
Attorneys for Plaintiff Zuberman Commercial Realty, LLC
ZUBERMAN COMMERCIAL REALTY, SUPERIOR COURT OF NEW JERSEY
LLC, LAW DIVISION-BERGEN COUNTY
DOCKET NO. BER-L-000671-23
Plaintiff,
Civil Action
-vs-
PLAINTIFF’S FIRST REQUEST
LAYOUT, INC. d/b/a ENTIN ROAD LLC, FOR PRODUCTION OF
DOCUMENTS TO DEFENDANT
Defendant.
TO: Robert D. Rosen, Esq.
Rosen & Rosen, LLC
101 Gibraltar Drive
Suite 2-F
Morris Plains, NJ 07950
Attorneys for Defendant
SIR:
PLEASE TAKE NOTICE that pursuant to the New Jersey Court
Rule 4:18-1, ef seq.,
Plaintiff, Zuberman Commercial Realty, LLC, requests that
Defendant, Layout, Inc. d/b/a Entin
Road LLC, produce the following designated documents at the
offices of Pribish-Reiss LLP, 500
Alexander Park, Suite 104, Princeton, New Jersey 08540
, within the time required by the Rules of
Court.
BER-L-000671-23 11/10/2023 3:56:01 PM Pg 24 of 28 Trans ID: LCV20233341530
\
These Requests for Production of Documents are deemed continuing so as to require
supplemental answers sh
Preview
BER-L-000671-23 11/10/2023 3:56:01PM Pglof2 Trans ID: LCV20233341530 PRIBISH-REIss LLP By: JOHN J. PRIBISH (249611968) 500 Alexander Park, Suite 104 Princeton, NJ 08540 Phone: (609) 766-9500 / Fax: (609) 994-5844 Attorneys for Plaintiff Zuberman Commercial Realty LLC ZUBERMAN COMMERCIAL REALTY, SUPERIOR COURT OF NEW JERSEY LLC, LAW DIVISION-BERGEN COUNTY DOCKET NO. BER-L-000671-23 Plaintiff, Civil Action -vs- PLAINTIFF’S NOTICE OF LAYOUT, INC. d/b/a ENTIN ROAD LLC ’ MOTION TO SUPPRESS DEFENDANT’S ANSWER Defendant. AND SEPARATE DEFENSES WITHOUT PREJUDICE PURSUANT TO R. 4:23-5(a)(1) TO Robert D. Rosen, Esq. Rosen & Rosen, LLC 101 Gibraltar Drive, Suite 2-F Morris Plains, NJ 07950 Attorneys for Defendant SIR: PLEASE TAKE NOTICE that on Friday, December 1, 2023, at 9:00 o’clock in the forenoon or as soon thereafter as counsel may be heard, the undersigned, attorneys for Plaintiff > shall apply to the Superior Court of New Jersey, Law Division, Bergen County, at the Bergen County Courthouse, 10 Main Street, Hackensack, NJ, for an Order suppressing the Answer and Separate Defenses of the Defendant, Layout, Inc. d/b/a Entin Road LLC. In support of the within application, Plaintiff, Zuberman Commercial Realty, LLC, shall rely upon the Certification of John J. Pribish, Esq. submitted herewith. BER-L-000671-23 11/10/2023 3:56:01PM Pg2of2 Trans ID: LCV20233341530 A proposed form of Order is also submitted herewith. PRIBISH-REISS, LLP Attorneys for Plaintiff Zuberman Commercial Ri LLC By J. PRI (249611968) 00 lex: fr Park, Suite 104 iceton, NJ 08540 Telephone: (609) 766-9500 Facsimile: (609) 994-5844 Email: Jpribish@pribish-reiss.com Dated: November 10, 2023 BER-L-000671-23 11/10/2023 3:56:01PM Pglof3 Trans ID: LCV20233341530 PRIBISH-REIss LLP By: JOHN J. PRIBISH (24961 1968) 500 Alexander Park, Suite 104 Princeton, NJ 08540 Phone: (609) 766-9500 / Fax: (609) 994-5844 Attorneys for Plaintiff Zuberman Commercial Realty LLC ZUBERMAN COMMERCIAL REALTY, SUPERIOR COURT OF NEW JERSEY LLC, LAW DIVISION-BERGEN COUNTY DOCKET NO. BER-L-000671-23 Plaintiff, Civil Action. -vs- CERTIFICATION OF LAYOUT, INC. d/b/a ENTIN ROAD LLC, JOHN J. PRIBISH IN SUPPORT OF PLAINTIFF’S MOTION Defendant. SUPPRESSING DEFENDANT’S ANSWER AND SEPARATE DEFENSES WITHOUT PREJUDICE PURSUANT TO R. 4:23-5(a)(1) JOHN J. PRIBISH, ESQ., of full age, hereby certifies as follows: 1 I am an attorney at law of the State of New Jersey and a partner in the firm of Pribish-Reiss, LLP, attorneys for Plaintiff Zuberman Commercial Realty, LLC, in the above captioned matter. I have personal knowledge of the facts which are set forth hereafter except where otherwise noted. 2 I make this Certification in Support of the Plaintiff's Motion to Suppress the Answer and Separate Defenses without prejudice of the Defendant Layout, Inc. d/b/a Entin Road LLC pursuant to Rule 4:23-5(a)(1). 3 On March 27, 2023, Plaintiff propounded upon Defendant its First Set of Interrogatories and First Request for Production of Documents. (See copies of Interrogatories and Request for Production, as well as letter of March 27, 2023 from the undersigned to Robert D. BER-L-000671-23 11/10/2023 3:56:01PM Pg2of3 Trans ID: LCV20233341530 Rosen, Esq., attorney for Defendants, annexed hereto as Exhibit A. 4 By email dated April 10, 2023, counsel for Defendant requested that the undersigned provide another copy of the discovery documents as same had been misplaced; which request was responded to also on April 10, 2023. (See email exchange of April 10, 2023 annexed hereto as Exhibit B). 5 Having not received the responses to the Plaintiff's discovery requests, the undersigned wrote to counsel for Defendant on September 28, 2023 requesting that same be provided within the next ten (10) business days. (See copy of letter dated September 28, 2023 annexed hereto as Exhibit C). 6. Thereafter, on October 19, 2023, the undersigned wrote again to Defendant’s counsel, advising of the failure of the Defendants to provide the answers to Interrogatories and responses to the Request for Production of Documents and extending the due date to October 27, 2023. (See letter from John J. Pribish to Robert D. Rosen, Esq. annexed hereto as Exhibit D). 7 Instead of providing the discovery responses by the extended date of October 27, 2023, the undersigned received an email from Defendant’s counsel advising that the responses to Interrogatories “are currently being drafted and will be provided upon completion of same”. (See email dated October 27, 2023 at 4:03 p.m. annexed hereto as Exhibit E). 8 In response thereto, the undersigned emailed counsel for the Defendant advising that Defendants have had ample time to respond and had previously been granted two (2) extensions; to which Defendant’s counsel replied again “. . . they are in the process of currently being drafted.” (See email exchange between counsel dated October 27, 2023 annexed hereto as Exhibit F). 9 Finally, in a last-ditch effort to avoid the necessity of filing the within Motion, the BER-L-000671-23 11/10/2023 3:56:01PM Pg3of3 Trans ID: LCV20233341530 undersigned, on November 2, 2023, emailed counsel for the Defendant, advising that unless the discovery responses were received by the end of the day (November 2, 2023), Plaintiff would be forced to take action. (See email from the undersigned to counsel for Defendant annexed hereto as Exhibit G). 10. As of November 10, 2023, eight (8) days after the final extension provided, neither answers to Plaintiff's Interrogatories nor responses to the Plaintiff's Request for Production of Documents have been received from Defendant. Nor has the Defendant advised when, if ever, the responses to the Interrogatories and Document Request would be provided. 11. Plaintiff hereby respectfully requests that the Court enter an Order suppressing the Answer and Separate Defenses of the Defendant Layout, Inc. d/b/a Entin Road LLC without prejudice pursuant to Rule 4:23-5(a)(1) for failure to provide the discovery responses. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Dated: November 10, 2023 ha A_> th J. PRIBISH (249611968) BER-L-000671-23 11/10/2023 3:56:01 PM Pg1lof28 Trans ID: LCV20233341530 EXHIBIT A BER-L-000671-23 11/10/2023 3:56:01 PM Pg 2 of 28 Trans ID: LCV20233341530 —~ ~ NS PRIBISH — REISS tp Counselors at Law 500 Alexander Park, Suite 104 Princeton, NJ 08540 Phone: (609) 766-9500 Fax: (609) 994-5844 www. pribish-reiss.com John J. Pribish ipribish@pribish-reiss.com New fic MemberNJ & NY Bars 1100 Park Avenue, 16* Floor New York, NY 10017 Dan Reiss Phone: (212) 880-6400 ireiss@pribish-reiss.com March 27, 2023 Robert D. Rosen, Esq. Rosen & Rosen, LLC 101 Gibraltar Drive, Suite 2-F Morris Plains, NJ 07950 RE: Zuberman Commercial Realty, LLC v. Layout, Inc. d/b/a Entin Road, LLC Docket No. BER-L-000671-23 Dear Mr. Rosen: Enclosed please find Plaintiff's First Set of Interrogatories to Defendant and Plaintiff's First Request for Production of Documents to Defendant in the above referenced matter which are hereby propounded upon you. Kindly acknowledge receipt of the within documents and return a copy of this letter to me in the envelope Tees Pei pe Verry truly yours, JJP:pw Enclosures BER-L-000671-23 14/10/2023 3:56:01 PM Pg 3 of 28 Trans ID: LCV20233341530 PRIBISH-REIss LLP By: JOHN J. PRIBISH (249611968) 500 Alexander Park, Suite 104 Princeton, NJ 08540 Phone: (609) 766-9500 / Fax: (609) 994-5844 Attorneys for Plaintiff Zuberman Commercial Realty, LLC ZUBERMAN COMMERCIAL REALTY, SUPERIOR COURT OF NEW JERSEY LLC, LAW DIVISION-BERGEN COUNTY DOCKET NO. BER-L-000671-23 Plaintiff, Civil Action -vs- PLAINTIFF’S FIRST SET OF LAYOUT, INC. d/b/a ENTIN ROAD LLC, INTERROGATORIES TO DEFENDANT Defendant. TO: Robert D. Rosen, Esq. Rosen & Rosen, LLC 101 Gibraltar Drive Suite 2-F Morris Plains, NJ 07950 Attorneys for Defendant SIR: PLEASE TAKE NOTICE that pursuant to R. 4:17-1 et seq., Plaintiff, Zuberman Commercial Realty, LLC, by and through its undersigned counsel, Pribish-Reiss LLP, hereby propound the following First Set of Interrogatories (“Interrogat ories”) upon Defendant, Layout, Inc. d/b/a Entin Road LLC, with respect to Plaintiff's Compla int. Defendant is directed to provide certified and fully responsive answers to the Interrogator ies under oath, and according to the Definitions and General Instructions which follow, within the time required by the Rules of Court. BER-L-000671-23 120012023 3:56:01 PM Pg4of28 Trans ID: LCV20233341530 uld med con tin uin g so as to req uir e supplemental answers sho These Interrogatories are dee t to ive or dis cov er addi tion al doc uments or info mation subsequen Defendant or the ir counsel rece the date of this request. PRIBISH & REISS LLP l I Realty, LLC Attorneys for Zuberman Commercia By ISH G4g611 968) Dated: March 27, 2023 BER-L-000671-23 11/10/2023 3:56:01 PM Pg5of28 Trans ID: LCV20233341530 DEFINITIONS poses of these Requests: The following definitions apply for pur or “Your” or Defendant or “En tin” mean Entin w Unle ss othe rwis e state d, “You ” g investigators, or representatives, includin Road LLC, and any of Defendant’s agents, employees, agents, employees, representatives, or Defendant’s attorneys or Defendant’s attorneys’ investigators. Realty, LLC. 2 “Plaintiff or “Zuberman” means Zuberman Commercial as 3 The word “person” means natural persons, groups of natural persons acting individuals, groups of natural persons acting in a collegial capacity (e.g., a8 2 committee, board of directors, etc.), corporations, partnerships, joint ventures, and any other incorporated or unincorporated business or social entities, and all administrative committees, hearing boards, and/or decision-making bodies. 4 “Document” shall have the broadest meaning possible, and shall include without limitation, the original and all copies and translations of any information in any written, recorded, graphic or electronic matter, including all memoranda of oral conversations, as well as all compilations, catalogs and summaries of information or data, whether typed, handwritten, printed, recorded, digitally coded, or otherwise produced or reproduced, and shall include, without limitation, each and every note, memorandum, letter, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form, telegram, publication, index, list, claims file, analysis chart, draft, summary, diary, transcript, agreement, calendar, graph, receipt, chart, business record, insurance policy, computer printout, contract and order. "document" also means any tape or audible recording, any photograph, motion picture, videotape, computer and word BER-L-000671-23 10/2023 3:56:01 PM Pg6of28 Trans ID: LCV20233341530 any non-identical copy esso r disks , data cells , prin tout s and all other data compilations and proc or typewriting or thereof, either by virtue of other material appearing thereon, such as handwriting the ori ginal is not available, all otherwise. It shall further include the original, or if a copy of copies that are not identical to the original and drafts. any conversation, notice, transfer or exchange of 5 “Communication” means receipt of facts or information, expression of intent, inquiry, or other direction, conveyance, or messages, by verbal, written, electronic, telephonic, or any other medium. 6 “Knowledge” includes both first-hand and secondary knowledge (including hearsay knowledge). 7 “Identify” as used in these interrogatories in connection with any person or persons requires the following information for each person: a. The person’s full name; b. The person’s last known address and business telephone number; ¢. The person’s last known home address; d. The name of the person’s last known employer; and €. The person’s last known title, position or business. 8 “Identify” as used in these interrogatories in connection with any document requires the following information for each document: a. The title of the document with sufficient particularity to permit its identification; The name, position of employment or title and business address of each person who prepared or participated in the preparation of each document; The date each document was prepared; and BER-L-000671-23 11/10/2023 3:56:01 PM Pg7of28 Trans ID: LCV20233341530 oyed, please identify the person Ifall copies of the document have been destr and specify the date or persons authorizing the destruction of the document of, and reason for, the destruction of the document. 9. “Identify” or “Identificatio: when referring to a telephone conversation shall include: a. The names of the caller and the recipient; b. The name of any other person who was a party to the conversation; and c. The position held by each person at the time the call was made. 10. “Identify” or “Identification” when referring to a meeting or conversation other than by telephone, shall include: a. The date and location of the meeting or conversation; b. The names of the person(s) present at any time during such meeting or conversation; The name of the person who originated or initiated the meeting or conversation; and The author or maker and addressee of the statement, question or remark made during the meeting or conversation. 11. “Describe” as used in these interrogatories in connection with any act, occurre nce, omission or series of acts, occurrences or omissions requires in addition to a complete factual description the following information: a The identity of each and every person involved in the act, occurrence, omission or series of acts, occurrences or omissions as provided in the definition of “Identify”; and BER-L-000671-23 11/10/2023 3:56:01 PM Pg 8 of 28 Trans ID: LCV20233341530 urrence, um: ent relevant to the act, occ b. The date(s) of each and every doc vided in the omission or series of acts,occurrences or omissions as pro definition of “Identify.” " "relating," or "supporting" 12. The terms "concerning," "constituting," “referring, referring to, relating to, addressing, indicating, describing, includes, without limitation: reflecting, discussing, commenting upon, monitoring, modifying, evidencing, containing, upon, constituting contradicting, quoting, criticizing, describing, creating or maintaining, bearing a basis for, or deriving or arising from any event, act, or occurrence. 13. “All related documents” means any document that relates to, addresses, discusses, or pertains in any way, directly or indirectly, to a document or class of documents, event, act, or ccumrence, Jane includes, without limitation, documents comprising, constituting, analyzing, evidencing, comparing, summarizing, discussing, reflecting, showing, referring to, forming the basis of, containing, or supporting any event, act or occurrence. INSTRUCTIONS 1 Unless otherwise stated, this document request covers the period from January 8, 2016 Listing Agreement with Frank Wolfer Commercial Realty. (Exhibit A to the Complaint). 2 All words of masculine gender shall include the feminine gender thereof; for example, “his” shall include “her.” 3 “All” and “each” shall be construed as meaning either, all and each, as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside its scope. The term “any” shall‘mean “any and all.” BER-L-000671-23 11/10/2023 3:56:01 PM Pg9of28 Trans ID: LCV20233341530 in nature and each response shall be 4 Each interrogatory shall be continuing e to such ted to incl ude any info rmat ion, knowledge or data responsiv modified or supplemen onding party or its agents. interrogatory that is later discovered by the resp be responded to separately. If 5 Each Interrogatory and the portions thereof are to instructed to answer the remainder. you object to a portion of any Interrogatory, you are ory, identify each person who 6. Along with the answer to each numbered interrogat ion of the response to such participated or supplied information with respect to the preparat ed relevant information, participated in interrogatory, specifying whether each such person suppli mation the preparation of the response, or both. If the response to any interrogatory contains infor supplied by more than one person, specify the particular information supplied by each such person. In addition, specify whether the information supplied by each such person is based on first-hand knowledge as to the matters contained in such answers and, if not, the manner in which he acquired such information. 7. If you claim any form of privilege with regard to any communication, document or tangible thing, whether based on a statute or otherwise as a ground for not answering an interrogatory or any portion thereof, or for not voluntarily producing any tangible thing or document, with respect to each such communication, document or tangible thing for which you claim such a privilege, you are to provide a privilege log containing all such information required by R.4:10-2(e) (1). 8 The use of the singular form of any word includes the plural and vice versa. 9 If any Interrogatory cannot be complied with in full, please comply with it to the extent possible, with an explanation of why full compliance is not possible. BER-L-000671-23 11/10/2023 3:56:01 PM Pg10of28 Trans ID: LCV20233341530 nts which were ess oth erw ise stat ed, thes e Int errogator ies seek all docume 10. Unl control at any time or in part, and all thing : s wit hin Your possession, custody or created in whol e, during the relevant period. BER-L-000671-23 10012023 3:56:01 PM Pgllof28 Trans ID: LCV20233341530 IN D RROG TEi S ORIES AT. information in nam e and add res s of eac h person who has pi rovided 1 Set forth the answering these interrogatories. RESPONSE: g your current or former 2 Identify every person within Defendant Entin, includin who have personal knowledge of employees, partners, shareholders, representatives or agents, Wolfer Comm« ercial Realty facts relating to January 8, 2016 Listing Agreement with Frank (Exhibit A to the Complaint). RESPONSE: 3. Identify each person whom Defendant Entin expects to call as an expert witness at trial. For each such expert, state the following: a Name, address and telephone number; b. Type of expertise; Current employer and job status; The substance of the facts to which the expert is expected to testify; The substance of such opinion to which the expert is expected to testify and the summary of grounds for each opinion; The knowledge, experience, training and education that Mocci contends qualifies this person as an expert, including all licenses, degrees and awards conferred on the expert; The names and addresses of all educational institutions attended by the expert; A list of the publications by the expert; and 9 BER-L-000671-23 11/10/2023 3:56:01 PM Pg12o0f28 Trans ID: LCV20233341530 rt has testified. 1. A list of the legal actions in which the expe RESPONSE: retained or employed 4 Identify each person whom Defendant Entin has specifically as a trial witness. For each such as an expert but whom Defendant Entin does not expect to call witness, state the following: a. Name, address and telephone number; b. Type of expertise; and Cc. The substance of the opinion rendered by the expert and the grounds therefore. RESPONSE: 5. State in detail the factual information supplied to each such expert identified in Interrogatory Nos. 3 and 4 including, without limitation, as follows: a. All objects and materials examined by the expert; b. The types of such objects or materials examined by the expert; The source of all objects and materials examined by the expert; The date and place of examination of such objects or materials by the expert; A description of all photographs, plans, drawings, specifications or other documents reviewed by such expert; and Locations, sites or facilities visited by the expert. RESPONSE: 10 BER-L-000671-23 11/10/2023 3:56:01 PM Pg130f28 Trans 0: LCV20233341530 in anticipation of 6 Has any expert provided a report regarding the issues in this case, and extent of any oral report litigation and/or in preparation for trial? If yes, set forth the nature of or relevant dates thereof, and attach copies of all written reports related to the foregoing topics RESPONSE: 7. State the full caption, court, term and number of each prior trial, arbitration, case and matter in which each expert has testified in the past five (5) years. If this information is unavailable, give the name of the case involved, state the court in which each matter was tried and approximate date of the trial. RESPONSE: 8. State hourly fee or other hourly fee basis on which any expert will receive compensation for services rendered in this action. RESPONSE: 9. Please identify each and every exhibit or document which Defendant Entin expects to introduce into evidence at the time of trial including, but not limited to, statemen ts by parties or other witnesses, including expert reports. For summary exhibits, identify each document the exhibit purports to summarize. RESPONSE: ll BER-L-000671-23 11/10/2023 3:56:01 PM Pg 14 of 28 Trans ID: LCV20233341530 knowledge of any relevant fe facts and/or 10. Identify all persons who possess personal substance of respect to each person, set forth (a) the other knowledge related to this case, and with the facts or knowledge were acquired; (c) how such facts and/or knowledge; (b) when the facts and/ en documents evidence fact s and/or and/or knowledge were acquired; and (d) if any writt document. knowledge of any person identified, specifically identify each RESPONSE: or 11. State whether or not Defendant Entin has (a) a written (direct, approximated, otherwise), or (b) an oral (whether transcribed or not transcribed) statement from any of the persons identified in the response to the preceding Interrogatory. a. For each person listed, set forth the content of his or her prospective testimony; For each person listed, set forth the source of his or her knowledge, including but not limited to, documents, personal recollection, observation, and conversations with others; and Set forth the names of people who are the sources of knowledge, if applicable. RESPONSE: 12. Please state which of the persons identified in response to Interrogatory No. 10 Defendant Entin may call at the trial of this matter and indicate whether said person will testify as to liability or damages or both. RESPONSE: 12 BER-L-000671-23 11/10/2023 3:56:01 PM Pg 15 of 28 Trans |D: LCV20233341530 ified in response to Interrogatory No. 9 13. Please state which exhibits/documents ident in Interrogatory No. 12. may be referenced in testimony by persons identified RESPONSE: intends to rely upon 14, Set forth, specifically and in detail, whether Defendant Entin state: any admissions allegedly made by any party hereto. For each such admission, a. The date such admission was made; b. The name of the person by whom such admission was made; The name and address to whom the admission was made; Where the admission was made; The name and address of each person present at the time the admission was made; The contents of the admission; and If in writing, attach a copy of the admission. RESPONSE: 15. If Defendant Entin or any of its representatives has had any oral communications with Frank Wolfer or any of Plaintiff's representatives concerning the subject matter of this lawsuit, state: The date of the communication; The name and address of each participant; The name and address of each person present at the time of such communication; Where such communication took place; and 13 BER-L-000671-23 1110/2023 3:56:01 PM Pg 16 of 28 Trans 1D: LCV20233341530 participating in €. A summary of what was said by each party the communication. RESPONSE: and/or facts of this 16. IfDefendant Entin has obtained a statement related to the issues action from any person not a party to this action, state: a. The name and present address of the person who gave the statement; Whether the statement was oral or in writing (if in writing, attach a copy of the statement); The date the statement was obtained; If such statement was oral, whether a recording was made and, if so, @ the nature of the recording; and Gi) the name and present address of the person who has custody of it; If the statement was written, whether it was signed by the person making the statement; The name and address of the person who obtained the statement; and If the statement was oral, provide a detailed summary of its contents. RESPONSE: 17. For each person listed in response to the previous Interrogatory, state: a Whether Defendant Entin may offer the witness on Defendant’s behalf at trial; The content of the witness’s prospective testimony; 14 BER-L-000671-23 11/10/2023 3:56:01 PM Pg17of28 Trans ID: LCV20233341530 knowledge including, The source of each of the witness’s onal recollection, without limitation, documents, pers vations or conversations with oth ; and obser The names of any individuals who are sources of the witness’s knowledge. RESPONSE: s, agents, 18. State whether or not Defendant or any of Defendant’s representative regarding servants and/or employees exchanged emails and/or text messages with Frank Wolfer any commissions to be paid if the tenant Marcelli Formaggi, LLC d/b/a MF Realty LLC exercised the option to purchase 1 Entin Road, Suite 8, Clifton, New Jersey. If so, attach true and accurate copies thereof. 19. State whether or not Defendant or any of Defendants’ representatives, agents, servants and/or employees ever discussed the contents of the email dated February 24, 2022 (a copy of which is annexed hereto as Exhibit A) with Frank Wolfer or any agent, servant or employee of Plaintiff. If so, for each such conversation state: a. The date, time and place of each such conversation; b The name and address of each person who participated in the conversation; A detailed description of what was said by each person identified in subparagraph b above; Whether there were any witnesses to the conversation(s) Identify by name and address each person who witnessed the conversation(s); and Whether there were any emails, text messages and/or correspondence confirming each such conversation and, if so, attach true and accurate copies hereto. RESPONSE: 15 BER-L-000671-23 11/10/2023 3:56:01 PM Pg18of28 Trans ID: LCV20233341530 ~ ) s, agents, 20. State whether or not Defendant or any of Defendant’s representative or employee of servants or employees ever discussed with Frank Wolfer or any agent, servant Plaintiff the Defendant’s offer to pay to Wolfer Commercial Realty the sum of $34,940.21, less commissions paid in the amount of $17,500.00 as the total commission for the tenant Marcelli Suite Formaggi, LLC d/b/a MF Realty LLC having exercised the option to purchase 1 Entin Road, 8, Clifton, New Jersey. If so state: a. The date, time and place of each such conversation; b The name and address of each person who participated in the conversation; A detailed description of what was said by each person identified in subparagraph b above; Whether there were any witnesses to the conversation(s) Identify by name and address each person who witnessed the conversation(s); and Whether there were any emails, text messages and/or correspondence confirming each such conversation and, if so, attach true and accurate copies hereto. RESPONSE: 16 BER-L-000671-23 11/10/2023 3:56:01 PM Pg 19 of 28 Trans ID: LCV20233341530 CERTIFICATION if any of Thereby certify that the foregoing Answers made by me are true. I am aware that the foregoing answers made by me are willfully false, I am subject to punishment. ENTIN ROAD, LLC By: Dated: 17 BER-L-000671-23 11/10/2023 3:56:01 PM Pg 20 of 28 Trans ID: LCV20233341530 EXHIBIT A BER-L-000671-23 11/10/2023 3:5 6:01 PM bg 2Lof 28 Trans ID: LCV20233341530 commission agreement. iF Sqwas wie on Thanks, Peter From: Frank Wolfer - Sent: Thursday, February 24, 2022 4:04 PM To: John Emilius Cc: pemiliusjr@geodcorp.com Subject: RE: Sale of you unit to Marcelli Formaggi Hi John, Pleasure speaking with you this morning in reference to your tenant Marcelli Formaggi. The current lease extension ends June 01, 2022. If you decide to enter a second lease extension, may | suggest, as market rates have increased significantly, you should increase from $15.67 PSF plus 4% to $16.30 PSF or $5,840 per month Being said, as your tenant has continued to express their desire to purchase, timing is in your favor, as sale prices are at there highest in many many Years, however interest rates are beginning to climb, and available of first-class warehouses are extremely scarce. Based upon the forgoing, now would be the tim e for your firm to move forward to sell. BER-L-000671-23 11/10/2023 3:56:01 PM Pg 22 of 28 Trans |D: LCV20233341530 , Wolfer if you tenant moves forward to a purchase rket Commercial Realty Corp; would expect a ma g, commission of 5% of the net sale price at closin however, my invoice would reflect a reduction of the commission payments previously paid to Wolfer for leasing. Sincerely Frank he sender. Peter Rosen, Esq. Rosen & Rosen, LLC 101 Gibrattar Drive Suite 2F Morris Piains, New Jersey 07950 Ph: (973) 361-1200 Fx: (973) 361-1644 NOTICE: The contents of this email and an y attachments to it contain confidential and/or legally privileged information from f Silis Cummis & Gross P.C. This inform the taw firm ati ion is ont ly for the use of the intended hereby notified that any disclosure, recipient. If you are not the intended recipient, you are copying, distrit ibution, or the taking of any action in information is strictly prohibited and that reliance on the contents of the contained the docu iments should be returned to this firm immediate this email in error, please notify us by ly. In this regard, if you have received email i immediately. “*Although this email and any attac hments are belie ved to be free of into which it Is received and ‘Opened, any virus or other defect that might affect any computer system it is the reap, onsibility of the recipien t to ensure that it is virus free and No responsibility is accepted BER-L-000671-23 11/10/2023 3:56:01 PM Pg 23 of 28 Trans 1D: LCV20233341530 PRIBISH-ReIss LLP By: JOHN J. PRIBISH (249611968) 500 Alexander Park, Suite 104 Princeton, NJ 08540 Phone: (609) 766-9500 / Fax: (609) 994-5844 Attorneys for Plaintiff Zuberman Commercial Realty, LLC ZUBERMAN COMMERCIAL REALTY, SUPERIOR COURT OF NEW JERSEY LLC, LAW DIVISION-BERGEN COUNTY DOCKET NO. BER-L-000671-23 Plaintiff, Civil Action -vs- PLAINTIFF’S FIRST REQUEST LAYOUT, INC. d/b/a ENTIN ROAD LLC, FOR PRODUCTION OF DOCUMENTS TO DEFENDANT Defendant. TO: Robert D. Rosen, Esq. Rosen & Rosen, LLC 101 Gibraltar Drive Suite 2-F Morris Plains, NJ 07950 Attorneys for Defendant SIR: PLEASE TAKE NOTICE that pursuant to the New Jersey Court Rule 4:18-1, ef seq., Plaintiff, Zuberman Commercial Realty, LLC, requests that Defendant, Layout, Inc. d/b/a Entin Road LLC, produce the following designated documents at the offices of Pribish-Reiss LLP, 500 Alexander Park, Suite 104, Princeton, New Jersey 08540 , within the time required by the Rules of Court. BER-L-000671-23 11/10/2023 3:56:01 PM Pg 24 of 28 Trans ID: LCV20233341530 \ These Requests for Production of Documents are deemed continuing so as to require supplemental answers sh