Preview
FILED: NEW YORK COUNTY CLERK 12/29/2023 12:24 AM INDEX NO. 652287/2023
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/29/2023
Laura D. Castner
Laura@mazzolalindstrom.com
310.694.8585
December 29, 2023
VIA NYSCEF
Hon. Shahabuddeen A. Ally, JSC
New York Supreme Court
IAS Part 16
111 Centre Street
New York, NY 10007
Denis Reo, Esq.
Chief Clerk
New York Supreme Court, Civil Term
60 Centre Street
New York, NY 10007
RE: Schiff Fine Art LLC v. Pick, Index No. 510009/2023, Motion No. 17;
Candace Carmel Barasch et al. v. Lisa Schiff et al., Index No.
652380/2023, Motion No. 2
Dear Judge Ally and Mr. Reo:
We represent plaintiffs Candace Carmel Barasch, Michael A. Barasch, and Bradley A.
Carmel Living Trust (together, “Barasch”) in the above-referenced matters entitled Schiff Fine
Art LLC v. Pick, Index No. 510009/2023 (the “ABC proceeding”), and Candace Carmel Barasch et
al. v. Lisa Schiff et al., Index No. 652380/2023, filed on May 17, 2023 (the “Barasch Family
Action”), and also in the matter of Candace Barasch et al. v. Schiff Fine Art LLC, Index No
652287/2023, filed on May 11, 2023 (the “Ghenie Action”).
The Barasch Family Action and the Ghenie Action, along with the ABC proceeding, were
filed in May 2023 and assigned to Judge Lucy Billings, who retired in the fall of 2023. While the
ABC proceeding was relatively quickly reassigned to Your Honor, the Barasch Family Action and
the Ghenie Action have not been reassigned, although we understand that they will eventually
be reassigned to Your Honor. (We note that another action filed on November 14, 2023 by
Douglas J. Pick as Assignee for Schiff Fine Art LLC (“SFA”) against Lisa Schiff, Index No.
655672/2023, has also been assigned to Your Honor.)
Proceedings in the Barasch Family Action and the Ghenie Action have been at a virtual
standstill since Judge Billings’ retirement. However, there are now pending in the Barasch
Family Action (1) a fully-briefed motion by Ms. Schiff and SFA to quash a subpoena issued by
Barasch relating to a server which we understand belongs to Schiff Fine Art LLC and is held by
1350 Avenue of The Americas, Second Floor, New York, New York 10019
2121 Avenue of The Stars, Suite 800, Los Angeles, California 90067
www.mazzolalindstrom.com
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non-party Deep Tech Inc.1, and (2) a fully-briefed cross-motion by Barasch to compel SFA and
Ms. Schiff to produce documents responsive to Plaintiffs’ August 2, 2023 requests for
production of documents, which we understand are located on the server held by Deep Tech.
The motions by Ms. Schiff and SFA, and by Barasch, are designated under Motion Seq. No.2
(NYSCEF Nos. 75-81, 83, 87-95, 100-105).
The server held by Deep Tech at issue in Motion No. 2 in the Barasch Family Action is to
the best of our knowledge the same server which is the subject of Mr. Pick’s Motion No. 17 in
the ABC proceeding, which is now scheduled to be heard on January 9, 2024. We understand
and believe that Mr. Pick is aware of the pending motions in the Barasch Family Action, as he
has appeared in Court in the Barasch Family and Ghenie Actions, and has filed a notice of
appearance in the Barasch Family Action (Index No. 652380/2023, NYSCEF No. 82), which is the
subject of a motion to strike by counsel for Ms. Schiff and SFA. (Index No. 652380/2023,
Motion No. 3, NYSCEF Nos. 84-86, 96-99).2
From the perspective of Barasch and Mr. Grossman, the question of who is entitled to
possession of the Deep Tech server – Mr. Pick, Mr. Cahill, Ms. Schiff, SFA, or Deep Tech -- is
secondary to the issue of when and whether Ms. Schiff, SFA and Mr. Pick will comply with their
discovery obligations; and the possibility that the multiple motions relating to the Deep Tech
server and Barasch’s discovery requests, in multiple actions, will lead to inconsistent results.
This risk is all the greater in light of the scheduled February 8, 2024 evidentiary hearing
on Mr. Pick’s motion in the ABC Proceeding (Motion No. 14) to force two galleries to turn over
to him nearly one million dollars of Ms. Barasch’s money paid toward her purchase of artworks
through SFA. While the filings by Mr. Pick, Ms. Schiff and SFA in the various pending cases
clearly indicate their access to documents such as statements, communications, inventory lists,
etc. relevant to this Motion, Barasch has had no such access.
For all of the foregoing reasons, we respectfully request that (1) the Barasch Family
Action and the Ghenie Action be immediately reassigned to Your Honor, or to another sitting
Justice if Your Honor’s caseload does not permit reassignment to you; (2) the fully-briefed
motion to quash Barasch’s subpoena for the Deep Tech server, and cross-motion to compel SFA
and Ms. Schiff to provide discovery in the Barasch Family Action (both under Motion No. 2) be
heard and decided concurrently with Mr. Pick’s pending Motion No. 17 in the ABC proceeding;
and (3) if necessary, the evidentiary hearing on Mr. Pick’s Motion No. 14 be scheduled to allow
1 Notably, Mr. Pick requested that Barasch subpoena Deep Tech to produce the server, rather
than doing so himself, in what has become a clear pattern of Ms. Schiff, SFA, and the Assignee
trying to get Barasch to pay for their compliance with their own discovery obligations. When
Barasch subpoenaed Mr. Pick for the same materials it had requested from SFA and Ms. Schiff –
again, at Mr. Pick’s invitation – he indicated that he would move to quash the subpoena.
2Similarly, Mr. Pick has moved to disqualify counsel for SFA and Ms. Schiff from acting in the
new lawsuit filed by Mr. Pick against Ms. Schiff. Index No. 655672/2023.
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Barasch access to materials relevant to Mr. Pick’s Motion No. 14, which he and Mr. Cahill, on
behalf of SFA and Ms. Schiff, have had.
We thank the court for its consideration of this matter.
Respectfully submitted,
Laura D. Castner
cc: All parties/counsel via ECF
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Preview
FILED: NEW YORK COUNTY CLERK 12/29/2023 12:24 AM INDEX NO. 652287/2023 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/29/2023 Laura D. Castner Laura@mazzolalindstrom.com 310.694.8585 December 29, 2023 VIA NYSCEF Hon. Shahabuddeen A. Ally, JSC New York Supreme Court IAS Part 16 111 Centre Street New York, NY 10007 Denis Reo, Esq. Chief Clerk New York Supreme Court, Civil Term 60 Centre Street New York, NY 10007 RE: Schiff Fine Art LLC v. Pick, Index No. 510009/2023, Motion No. 17; Candace Carmel Barasch et al. v. Lisa Schiff et al., Index No. 652380/2023, Motion No. 2 Dear Judge Ally and Mr. Reo: We represent plaintiffs Candace Carmel Barasch, Michael A. Barasch, and Bradley A. Carmel Living Trust (together, “Barasch”) in the above-referenced matters entitled Schiff Fine Art LLC v. Pick, Index No. 510009/2023 (the “ABC proceeding”), and Candace Carmel Barasch et al. v. Lisa Schiff et al., Index No. 652380/2023, filed on May 17, 2023 (the “Barasch Family Action”), and also in the matter of Candace Barasch et al. v. Schiff Fine Art LLC, Index No 652287/2023, filed on May 11, 2023 (the “Ghenie Action”). The Barasch Family Action and the Ghenie Action, along with the ABC proceeding, were filed in May 2023 and assigned to Judge Lucy Billings, who retired in the fall of 2023. While the ABC proceeding was relatively quickly reassigned to Your Honor, the Barasch Family Action and the Ghenie Action have not been reassigned, although we understand that they will eventually be reassigned to Your Honor. (We note that another action filed on November 14, 2023 by Douglas J. Pick as Assignee for Schiff Fine Art LLC (“SFA”) against Lisa Schiff, Index No. 655672/2023, has also been assigned to Your Honor.) Proceedings in the Barasch Family Action and the Ghenie Action have been at a virtual standstill since Judge Billings’ retirement. However, there are now pending in the Barasch Family Action (1) a fully-briefed motion by Ms. Schiff and SFA to quash a subpoena issued by Barasch relating to a server which we understand belongs to Schiff Fine Art LLC and is held by 1350 Avenue of The Americas, Second Floor, New York, New York 10019 2121 Avenue of The Stars, Suite 800, Los Angeles, California 90067 www.mazzolalindstrom.com 1 of 3 FILED: NEW YORK COUNTY CLERK 12/29/2023 12:24 AM INDEX NO. 652287/2023 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/29/2023 Page 2 of 3 non-party Deep Tech Inc.1, and (2) a fully-briefed cross-motion by Barasch to compel SFA and Ms. Schiff to produce documents responsive to Plaintiffs’ August 2, 2023 requests for production of documents, which we understand are located on the server held by Deep Tech. The motions by Ms. Schiff and SFA, and by Barasch, are designated under Motion Seq. No.2 (NYSCEF Nos. 75-81, 83, 87-95, 100-105). The server held by Deep Tech at issue in Motion No. 2 in the Barasch Family Action is to the best of our knowledge the same server which is the subject of Mr. Pick’s Motion No. 17 in the ABC proceeding, which is now scheduled to be heard on January 9, 2024. We understand and believe that Mr. Pick is aware of the pending motions in the Barasch Family Action, as he has appeared in Court in the Barasch Family and Ghenie Actions, and has filed a notice of appearance in the Barasch Family Action (Index No. 652380/2023, NYSCEF No. 82), which is the subject of a motion to strike by counsel for Ms. Schiff and SFA. (Index No. 652380/2023, Motion No. 3, NYSCEF Nos. 84-86, 96-99).2 From the perspective of Barasch and Mr. Grossman, the question of who is entitled to possession of the Deep Tech server – Mr. Pick, Mr. Cahill, Ms. Schiff, SFA, or Deep Tech -- is secondary to the issue of when and whether Ms. Schiff, SFA and Mr. Pick will comply with their discovery obligations; and the possibility that the multiple motions relating to the Deep Tech server and Barasch’s discovery requests, in multiple actions, will lead to inconsistent results. This risk is all the greater in light of the scheduled February 8, 2024 evidentiary hearing on Mr. Pick’s motion in the ABC Proceeding (Motion No. 14) to force two galleries to turn over to him nearly one million dollars of Ms. Barasch’s money paid toward her purchase of artworks through SFA. While the filings by Mr. Pick, Ms. Schiff and SFA in the various pending cases clearly indicate their access to documents such as statements, communications, inventory lists, etc. relevant to this Motion, Barasch has had no such access. For all of the foregoing reasons, we respectfully request that (1) the Barasch Family Action and the Ghenie Action be immediately reassigned to Your Honor, or to another sitting Justice if Your Honor’s caseload does not permit reassignment to you; (2) the fully-briefed motion to quash Barasch’s subpoena for the Deep Tech server, and cross-motion to compel SFA and Ms. Schiff to provide discovery in the Barasch Family Action (both under Motion No. 2) be heard and decided concurrently with Mr. Pick’s pending Motion No. 17 in the ABC proceeding; and (3) if necessary, the evidentiary hearing on Mr. Pick’s Motion No. 14 be scheduled to allow 1 Notably, Mr. Pick requested that Barasch subpoena Deep Tech to produce the server, rather than doing so himself, in what has become a clear pattern of Ms. Schiff, SFA, and the Assignee trying to get Barasch to pay for their compliance with their own discovery obligations. When Barasch subpoenaed Mr. Pick for the same materials it had requested from SFA and Ms. Schiff – again, at Mr. Pick’s invitation – he indicated that he would move to quash the subpoena. 2Similarly, Mr. Pick has moved to disqualify counsel for SFA and Ms. Schiff from acting in the new lawsuit filed by Mr. Pick against Ms. Schiff. Index No. 655672/2023. 2 of 3 FILED: NEW YORK COUNTY CLERK 12/29/2023 12:24 AM INDEX NO. 652287/2023 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/29/2023 Page 3 of 3 Barasch access to materials relevant to Mr. Pick’s Motion No. 14, which he and Mr. Cahill, on behalf of SFA and Ms. Schiff, have had. We thank the court for its consideration of this matter. Respectfully submitted, Laura D. Castner cc: All parties/counsel via ECF 3 of 3