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FILED: NEW YORK COUNTY CLERK 11/02/2023 06:34 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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CANDACE CARMEL BARASCH, MICHAEL A.
BARASCH, and BRADLEY A. CARMEL LIVING Index No.: 652380/2023
TRUST,
Plaintiffs,
Notice of Cross-Motion to Compel
-against- Production by Lisa Schiff and
Schiff Fine Art, LLC
LISA SCHIFF, SCHIFF FINE ART LLC
d/b/a SFA ADVISORY, and DOES 1-10, Motion Seq. 002
Oral Argument Requested
Defendants.
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Please take notice that, upon the Affirmation of Nina T. Edelman, Esq., dated November
2, 2023, including an affirmation of good faith effort to resolve the issues raised by this motion
as well as exhibits, the accompanying Memorandum of Law, dated November 2, 2023, and all
prior papers and proceedings had herein and in the related action, Index No. 652287/2023, and
pursuant to CPLR § 3124, plaintiffs Candace Carmel Barasch, Michael A. Barasch and Bradley
A. Carmel Living Trust, through undersigned counsel, will move this court, on the 30th day of
November, 2023, at 9:30 am, or as soon thereafter as counsel may be heard, at the courthouse
located at 60 Centre Street, New York, New York, Room 130, for an order compelling
defendants Lisa Schiff and Schiff Fine Art, LLC d/b/a SFA Advisory to produce within two
weeks of any decision or order on this motion, all outstanding discovery requested in Plaintiffs’
demands, including relevant discovery from devices or data currently in the possession of non-
party Deep Tech, Inc., which devices and data Defendants practically control and for any other
and further relief this Court deems just and equitable.
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FILED: NEW YORK COUNTY CLERK 11/02/2023 06:34 PM INDEX NO. 652380/2023
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2023
Plaintiffs’ motion to compel; and (2) in opposition to the joint motion of Defendants and Deep
Tech to quash Plaintiffs’ subpoena to Deep Tech and issue a protective order against disclosure
of Defendants’ responsive information and materials in Deep Tech’s possession.
Please take further notice that pursuant to a stipulation between the parties (NYSCEF
No. 83) opposition papers, if any, must be served on or before November 15, 2023, and reply
papers, if any, must be served on or before November 29, 2023.
Dated: New York, New York
November 2, 2023 Respectfully submitted,
MAZZOLA LINDSTROM, LLP
By:_/s/ Wendy J. Lindstrom________________
Wendy J. Lindstrom
Nina T. Edelman
Laura D. Castner
Counsel for plaintiffs
1350 Avenue of the Americas, 2nd Floor
New York, New York 10019
Phone: (516) 680-2889
wendy@mazzolalindstrom.com
To: Defendants, Deep Tech Inc., and all counsel of record (via ECF)
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Preview
FILED: NEW YORK COUNTY CLERK 11/02/2023 06:34 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------x CANDACE CARMEL BARASCH, MICHAEL A. BARASCH, and BRADLEY A. CARMEL LIVING Index No.: 652380/2023 TRUST, Plaintiffs, Notice of Cross-Motion to Compel -against- Production by Lisa Schiff and Schiff Fine Art, LLC LISA SCHIFF, SCHIFF FINE ART LLC d/b/a SFA ADVISORY, and DOES 1-10, Motion Seq. 002 Oral Argument Requested Defendants. ----------------------------------------------------------------------x Please take notice that, upon the Affirmation of Nina T. Edelman, Esq., dated November 2, 2023, including an affirmation of good faith effort to resolve the issues raised by this motion as well as exhibits, the accompanying Memorandum of Law, dated November 2, 2023, and all prior papers and proceedings had herein and in the related action, Index No. 652287/2023, and pursuant to CPLR § 3124, plaintiffs Candace Carmel Barasch, Michael A. Barasch and Bradley A. Carmel Living Trust, through undersigned counsel, will move this court, on the 30th day of November, 2023, at 9:30 am, or as soon thereafter as counsel may be heard, at the courthouse located at 60 Centre Street, New York, New York, Room 130, for an order compelling defendants Lisa Schiff and Schiff Fine Art, LLC d/b/a SFA Advisory to produce within two weeks of any decision or order on this motion, all outstanding discovery requested in Plaintiffs’ demands, including relevant discovery from devices or data currently in the possession of non- party Deep Tech, Inc., which devices and data Defendants practically control and for any other and further relief this Court deems just and equitable. 1 of 2 FILED: NEW YORK COUNTY CLERK 11/02/2023 06:34 PM INDEX NO. 652380/2023 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 11/02/2023 Plaintiffs’ motion to compel; and (2) in opposition to the joint motion of Defendants and Deep Tech to quash Plaintiffs’ subpoena to Deep Tech and issue a protective order against disclosure of Defendants’ responsive information and materials in Deep Tech’s possession. Please take further notice that pursuant to a stipulation between the parties (NYSCEF No. 83) opposition papers, if any, must be served on or before November 15, 2023, and reply papers, if any, must be served on or before November 29, 2023. Dated: New York, New York November 2, 2023 Respectfully submitted, MAZZOLA LINDSTROM, LLP By:_/s/ Wendy J. Lindstrom________________ Wendy J. Lindstrom Nina T. Edelman Laura D. Castner Counsel for plaintiffs 1350 Avenue of the Americas, 2nd Floor New York, New York 10019 Phone: (516) 680-2889 wendy@mazzolalindstrom.com To: Defendants, Deep Tech Inc., and all counsel of record (via ECF) 2 of 2