Motion to Disqualify Counsel in Jillian Milman v. Ronald Milman, B. D. Realty Corp., 2872 Coney Island Avenue Llc, Ronald Milman As Trustee Of the Trust fbo Bruce Milman| Trellis.Law

On November 20, 2023 a Exhibit,Appendix was filed involving a dispute between Jillian Milman, and 2872 Coney Island Avenue Llc, B. D. Realty Corp., Ronald Milman As Trustee Of The Trust Fbo Bruce Milman, for Commercial Division - Business Entity in the District Court of Nassau County.

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FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

Exhibit 1
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

McRoberts, Franklin C.

From: McRoberts, Franklin C.
Sent: Friday, December 15, 2023 9:54 AM
To: 'Michael N. Impellizeri'
Cc: Walter Gumersell
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]
Attachments: Confidentiality Agreement.pdf

Counsel –

Here is the executed confidentiality agreement.

We renew our position that few, if any, documents in this dispute would legitimately merit “confidential” designation
where, as here, the businesses are generic real estate holding companies.

In particular, your assertion below that standard lease agreements might somehow merit “confidential” treatment is
absurd.

Nonetheless, we have signed the agreement as you requested because, as you know, we need the records we have
requested for the settlement conference January 4.

Now please provide the records we have requested for nearly three weeks.

Thank you.

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

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From: Michael N. Impellizeri
Sent: Thursday, December 14, 2023 5:04 PM
To: McRoberts, Franklin C.
Cc: Walter Gumersell
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Frank:

Attached are clean and tracked changed copies of the confidentiality stip. Contrary your position in your previous email,
we disagree that the financial records, bank statements, tax returns, K1s, etc. of the companies are not confidential.
Notwithstanding the foregoing, we are cooperating with your requests and will produce the requested records subject to
the confidentiality agreement.
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FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

Following our phone call today, we requested copies of the leases and followed up on the bank statements. As previously
advised, our client requested the bank statements from the bank and he was told they would be mailed to him, he is
following up with the bank as to the status. We will share the records we have upon execution of the confidentiality stip.

With respect to the leases, we have not yet reviewed them and, without reviewing them, cannot agree with your blanket
assertion hat they would not be confidential.

1 1YR1vK1 N RADLER
(

Michael N. Impellizeri
Associate
926 RXR Plaza, Uniondale, NY 11556-0926
D 516.357.3118 T 516.357.3000 F 516.357.3333
Michael.Impellizeri@rivkin.com
www.rivkinradler.com

From: McRoberts, Franklin C.
Sent: Thursday, December 14, 2023 3:09 PM
To: Michael N. Impellizeri
Cc: Walter Gumersell
Subject: [EXTERNAL] RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Counsel –

As discussed on our phone call this afternoon, please send us the current leases for the two entities’ land. These
document are not “confidential,” so please do not delay in sending them as has been the case with the other records we
requested.

With respect to the bank account statements and Schedules K-1 we have requested for weeks, please (a) send us a
revised proposed confidentiality agreement; and (b) let us know when we can expect to receive all of the records. This
information is needed for our settlement conference January 4.

Finally, as we have requested many times without any response from you, please provide us the institutions and account
numbers for all bank accounts associated with the two family entities.

In the event these issues are not immediately resolved, we will have no choice but to contact the court.

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

2
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

From: McRoberts, Franklin C.
Sent: Wednesday, December 13, 2023 7:17 PM
To: Michael N. Impellizeri
Cc: Walter Gumersell ; Evan Schieber
Subject: [EXTERNAL] RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Good.

I'll send an outlook invite in the morning.

Please respond to the rest of the message.

Sent from my iPhone

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

From: Michael N. Impellizeri
Sent: Wednesday, December 13, 2023 7:05 PM
To: McRoberts, Franklin C.
Cc: Walter Gumersell ; Evan Schieber
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

How is tomorrow at 2:00 PM?

1 1YR1vK1 N RADLER
()

Michael N. Impellizeri
Associate
926 RXR Plaza, Uniondale, NY 11556-0926
D 516.357.3118 T 516.357.3000 F 516.357.3333
Michael.Impellizeri@rivkin.com
www.rivkinradler.com

Im
From: McRoberts, Franklin C.
Sent: Wednesday, December 13, 2023 4:30 PM
To: Michael N. Impellizeri

3
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023
Cc: Walter Gumersell ; Evan Schieber
Subject: [EXTERNAL] RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]
Counsel – We did not receive a reply. Would you please respond? Franklin C. McRobertsFarrell Fritz, P.C.400 RXR

Counsel –

We did not receive a reply. Would you please respond?

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

From: McRoberts, Franklin C.
Sent: Tuesday, December 12, 2023 9:35 AM
To: 'Michael N. Impellizeri'
Cc: Walter Gumersell ; Evan Schieber
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Counsel –

Here are our changes to your proposed confidentiality agreement.

In general, we strongly disagree with the notion that bank records, Schedules K-1, or other financial information about
two generic real estate holding companies like the nominal defendants merits “confidential” treatment – particularly
where Ms. Milman is an equity owner and is absolutely entitled to that information in the ordinary course of business,
as the Court acknowledged on the record on November 27.

In hopes of speeding along this process, however, we are willing to provide a confidentiality agreement, but the
confidentiality agreement needs to more closely resemble the approved form than the one you sent Friday.

We hope the attached changes are acceptable. If not, we will request a conference with the court regarding your
request Ms. Milman sign a confidentiality agreement before she may see records she is absolutely entitled to see as an
equity owner without any such restrictions.

In the meantime, when can we expect to receive the bank account statements we have requested since November 27,
and the Schedules K-1 we have requested since November 30?

In addition, once again, we hereby demand that you provide us the institutions and account numbers for all bank
accounts associated with the two family entities. We have requested this information numerous times in the preceding
email chain. Please provide it at once.

Lastly, I am available for a call regarding the subject of settlement tomorrow or Thursday. Please pick a time and/or send
an Outlook invite.

4
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023
Thank you.

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

From: Michael N. Impellizeri
Sent: Friday, December 8, 2023 4:49 PM
To: McRoberts, Franklin C.
Cc: Walter Gumersell ; Evan Schieber
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Does Monday at 3:00 PM work? Attached is the confidentiality stip discussed. Thank you.

i iYR1vK1 N RADLER
'-'
Michael N. Impellizeri
Associate
926 RXR Plaza, Uniondale, NY 11556-0926
D 516.357.3118 T 516.357.3000 F 516.357.3333
Michael.Impellizeri@rivkin.com
www.rivkinradler.com

From: McRoberts, Franklin C.
Sent: Thursday, December 7, 2023 7:58 PM
To: Michael N. Impellizeri
Cc: Walter Gumersell ; Evan Schieber
Subject: [EXTERNAL] RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]
We are following up regarding our request for a call regarding settlement. Please let us know your availability for a call tomorrow or Monday. Please also let us know the status of the records we requested. Franklin C. McRobertsFarrell Fritz, P.C.400 RXR PlazaUniondale, New York

We are following up regarding our request for a call regarding settlement. Please let us know your availability for a call
tomorrow or Monday.

Please also let us know the status of the records we requested.

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
5
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

From: McRoberts, Franklin C.
Sent: Tuesday, December 5, 2023 4:40 PM
To: 'Michael N. Impellizeri'
Cc: Walter Gumersell ; Evan Schieber
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

May we please speak Thursday or Friday?

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

From: Michael N. Impellizeri
Sent: Tuesday, December 5, 2023 1:12 PM
To: McRoberts, Franklin C.
Cc: Walter Gumersell ; Evan Schieber
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Frank:

We advised that our client is gathering the records. We will forward the draft confidentiality stipulation.

Since our email Thursday, we’ve received some of the K-1s. With respect to the bank statements from 2018,
our client is in Florida. Rather than wait to return to New York, he went to a branch of the bank yesterday and
requested the records. He was advised that they needed to be mailed, and that he should receive them in seven
(7) to ten (10) days. So, we are aiming for the middle to end of next week. In the interim, we are advised that at
least some of the 2023 records are with our client in Florida. We should have those tomorrow.

Notwithstanding the foregoing, we do not believe these materials would hinder the parties’ ability to discuss
settlement. In this regard, let us know if you are available to discuss this afternoon or tomorrow. Thank you.

1 11YR1vK1NRADLER
(

Michael N. Impellizeri
6
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

Associate
926 RXR Plaza, Uniondale, NY 11556-0926
D 516.357.3118 T 516.357.3000 F 516.357.3333
Michael.Impellizeri@rivkin.com
www.rivkinradler.com

From: McRoberts, Franklin C.
Sent: Tuesday, December 5, 2023 12:01 PM
To: Michael N. Impellizeri
Cc: Walter Gumersell ; Evan Schieber
Subject: [EXTERNAL] RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]
Counsel – It has been more than a week since we were in Court on November 27. Yet we still have no commitment from your client to provide Ms. Milman with the two family entities’ bank account statements from the beginning of 2018 to the present, nor a commitment to provide her wi

Counsel –

It has been more than a week since we were in Court on November 27. Yet we still have no commitment from your
client to provide Ms. Milman with the two family entities’ bank account statements from the beginning of 2018 to the
present, nor a commitment to provide her with all of the Schedules K-1 allegedly issued to all equity holders for the two
entities from calendar year 2012 to the present, nor a date by which your client will provide such materials. In contrast,
we voluntarily provided, at your request, Ms. Milman’s two appraisals for the properties on November 27, within hours
of our appearance in Court.

Accordingly, please confirm in writing by the close of business today that Mr. Milman will provide all of the materials we
requested. The easiest way for him to provide his niece access to the entities’ bank account statements would be to
simply comply with her request – which we understand your client previously denied – to designate her as an authorized
signatory / user of the entities’ bank accounts so she can access them herself online, saving your client the trouble of
gathering the records himself.

In any event, please provide a firm date, but no later than next Tuesday, December 12, by which your client will finally
provide such materials. Your client’s lack of commitment thus far providing these materials is hindering our ability to
meaningfully address the subject of settlement, for which, as you know, we have a Settlement Conference with clients
before Justice Driscoll in exactly 30 days, on January 4, 2024. With the holidays fast approaching, in the event your client
does not immediately comply with this request, we will have no choice but to write the Court.

Lastly, in response to your request on November 30, while we do believe one is at all required for a business of this
nature, if your client would prefer the parties enter into a confidentiality agreement, Ms. Milman is willing to consider
doing so. Please prepare a draft based upon the standard Commercial Division form for our review.

Thank you.

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

7
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023
entities other than the intended recipient is prohibited. If you receive this transmission in error, please contact the sender immediately and delete the
material from your computer.

From: McRoberts, Franklin C.
Sent: Thursday, November 30, 2023 12:06 PM
To: 'Michael N. Impellizeri'
Cc: Walter Gumersell ; Evan Schieber
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Thank you for your reply.

Sorry I could not take your call; I have an oral argument shortly.

We would like statements for all bank accounts associated with the two business entities from the beginning of 2018 to
the present.

We are advised that many (if not all) of the K-1s you represented Jillian and Bruce Milman received showing ownership
percentages, in fact, went instead to your own client, Ronald Milman, as Trustee of the Bruce Milman Trust, and that the
records Jillian and her father then allegedly received, in turn, from your client, Ronald, would not have shown any
ownership percentages on them.

Mr. Goldblatt’s attorney is Samantha Lansky at Milber Makris.

Franklin C. McRoberts
Farrell Fritz, P.C.
400 RXR Plaza
Uniondale, New York 11556
(516) 227-0786
fmcroberts@farrellfritz.com
www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

From: Michael N. Impellizeri
Sent: Thursday, November 30, 2023 10:28 AM
To: McRoberts, Franklin C.
Cc: Walter Gumersell ; Evan Schieber
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Frank:

I just left you a message. It has been two days. Our client is not refusing access. We are gathering the records. With
respect to the bank statements, please advise which years your client is requesting copies of.

With respect to the K-1s, what representations, exactly, are you saying are not true? And who is Mr. Goldblatt’s
attorney that you spoke with?

Similar to the bank statements, let us know which years you want the K-1s for.

8
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

Please confirm your client will sign a confidentiality agreement to not disclose the company’s financial records
and other confidential information. Thank you.

i iYR 11vK1 N RADLE R
()

Michael N. Impellizeri
Associate
926 RXR Plaza, Uniondale, NY 11556-0926
D 516.357.3118 T 516.357.3000 F 516.357.3333
Michael.Impellizeri@rivkin.com
www.rivkinradler.com

rllm
From: McRoberts, Franklin C.
Sent: Thursday, November 30, 2023 9:56 AM
To: Michael N. Impellizeri
Cc: Walter Gumersell
Subject: [EXTERNAL] RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Counsel –

Your client’s ongoing non-responsiveness is disappointing, particularly in light of the Court’s rather clear
instruction at Monday’s appearance on our successful motion for a temporary restraining order that, as an equity
owner, Jillian is entitled to access the family businesses’ books records.

For the third time: please let us know when and how your client will provide his niece and co-equity owner,
Jillian, access to the businesses’ full and complete bank account statements. Please also identify for us all such
bank accounts, including institution and account number.

In addition, Jillian now hereby demands production of all Schedules K-1 issued to all equity holders of the
family businesses from 2012, the year of the alleged 2% ownership interest transfer, to 2022. You made some
rather direct, factual representations on the record at Monday’s appearance about these K-1s, Jillian’s alleged
receipt of them from the family businesses’ accountant, Mr. Goldblatt, and what the K-1s allegedly prove. We
already understand from communications with Mr. Goldblatt’s attorney that some of those representations
turned out to be not exactly accurate. The K-1s are obviously important documents. We demand their
production at once.

In the event your client continues to refuse to respond to our requests despite the Court’s direction at Monday’s
appearance, we will have no choice but to contact the Court.

Thank you.

Franklin C. McRoberts

Farrell Fritz, P.C.

400 RXR Plaza

9
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023
Uniondale, New York 11556
(516) 227-0786

fmcroberts@farrellfritz.com

www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

From: McRoberts, Franklin C.
Sent: Wednesday, November 29, 2023 10:51 AM
To: 'Michael.Impellizeri@rivkin.com'
Cc: 'Walter Gumersell'
Subject: RE: Milman v Milman - Appraisals / Bank Account Statements [F-F.FID1869146]

Counsel –

We’re following upon on our request below, to which we received no response.

Please let us know when and how you will provide Jillian access to the businesses’ bank account statements.

Also, again, please identify for us all such bank accounts, including institution and account number.

Thank you.

Frank

Franklin C. McRoberts

Farrell Fritz, P.C.

400 RXR Plaza

Uniondale, New York 11556
(516) 227-0786

fmcroberts@farrellfritz.com

www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

From: McRoberts, Franklin C.
Sent: Monday, November 27, 2023 4:53 PM
To: 'Michael.Impellizeri@rivkin.com'
10
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

Cc: 'Walter Gumersell'
Subject: Milman v Milman - Appraisals / Bank Account Statements

Michael –

As you requested at today’s court appearance, here are the two appraisals referenced in our complaint.

As discussed on the record today, Jillian requests immediate access to all bank account statements of both
entities. As the Court directed today, let’s agree to a mechanism for Ms. Milman to gain access to these records
at once. In addition, in reply to this message, please identify for us all such bank accounts, including institution
and account number.

Thanks.

Frank

Franklin C. McRoberts

Farrell Fritz, P.C.

400 RXR Plaza

Uniondale, New York 11556
(516) 227-0786

fmcroberts@farrellfritz.com

www.farrellfritz.com

Visit New York Business Divorce Blog www.nybusinessdivorce.com

NOTICE: This message may contain information that is confidential or privileged. If you are not the intended recipient, please advise the sender
immediately and delete this message. See: http://www.rivkinradler.com/disclaimer-electronic-communications/ for further information on confidentiality.

11
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------X
JILLIAN MILMAN, Index No. 618865/2023

Plaintiff,
STIPULATION AND ORDER
-against- FOR THE PRODUCTION AND
EXCHANGE OF
RONALD MILMAN, CONFIDENTIAL
INFORMATION
Defendant,

B.D. REALTY CORP., 2872 CONEY ISLAND AVENUE
LLC, and RONALD MILMAN, as Trustee of the Trnst
flb/o Bruce Milman,

Nominal Defendants.
--------------------------------------------------------------------X

This matter having come before the Court by stipulation of plaintiff, JILLIAN MILMAN,

and defendants, RONALD MILMAN, B.D. REALTY CORP., 2872 CONEY ISLAND AVENUE

LLC, and RONALD MILMAN, as Trustee of the Trust f/6/o Bruce Milman

("Defendants"),(individually " Party'' and collectively "Pai1ies") for the entry of a protective order

pursuant to CPLR 3103(a), limiting the review, copying, dissemination and filing of confidential

and/or proprietary documents and information to be produced by either party and their respective

counsel or by any non-party in the course of discovery in this matter to the extent set forth below;

ai1d the pa11ies, by, between and among their respective counsel, having stipulated and agreed to

the terms set forth herein, and good cause having been shown;

IT IS hereby ORDERED that:

1. This Stipulation is being entered into to facilitate the production, exchange and

discovery of documents and infonnation that the Parties and, as appropriate, non-parties, agree

merit confidential treatment (hereinafter the "Documents" or "Testimony").
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

2. Any Party or, as appropriate, non-party, may designate Documents produced, or

Testimony given, in connection with this action as "confidential," either by notation on each page

of the Document so designated, statement on the record of the deposition, or written advice to the

respective undersigned counsel for the Parties hereto, or by other appropriate means.

3. As used herein:

(a) "Confidential Infonn~tion" shall mean all Documents and Testimony, and

all infonnation contained therein, and other information designated as confidential, if such

Documents or Testimony contain trade secrets, proprietary business infonnation, competitively

sensitive infonnation or other information the disclosure of which would, in the good faith

judgment of the Pai1y or, as appropriate, non-party designating the material as confidential, be

detrimental to the conduct of that Party's or non-pa11y's business or the business of any of that

Pai1y's or non-party's customers or clients.

(b) "Producing Party" shall mean the parties to this action and any non-parties

producing "Confidential Information" in connection with depositions, document production or

otherwise, or the Party or non-pai1y asserting the confidentiality privilege, as the case may be.

rece1vmg "Confidential Infonnation" in connection with depositions, document production,

subpoenas or otherwise.

4. The Receiving Party may, at any time, notify the Producing Party that the Receiving

Party does not concur in the designation of a document or other matetial as Confidential

Infonnation. If the Producing Party does not agree to declassify such document or material within

seven (7) days of the wtitten request, the Receiving Party may move before the Court for an order

declassifying those documents or materials. If no such motion is fi led, such documents or materials

2
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

shall continue to be treated as Confidential lnfonnation. If such motion is filed, the documents or

other materials shall be deemed Confidential Information unless and until the Court rules

otherwise. Notwithstanding anything herein to the contrary, the Producing Party bears the burden

of establishing the propriety of its designation of documents or infonnation as Confidential

Infonnation.

5. Except with the prior w1itten consent of the Producing Party or by Order of the

Court, Confidential Information shall not be furnished, shown or disclosed to any person or entity

except to:

(a) pers01mel of the Parties actually engaged in assisting in the preparation of

this action for trial or other proceeding herein and who have been advised of their obligations

hereunder;

(b) counsel for the Parties to this action and their associated attorneys,

paralegals and other professional and non-professional personnel (including suppo1i staff and

outside copying services) who are directly assisting such counsel in the preparation of this action

for trial or other proceeding herein, are under the supervision or control of such counsel, and who

have been advised by such counsel of their obligations hereunder;

furnish teclmical or expert services in connection with this action or to give testimony with respect

to the subject matter of this action at the trial of this action or other proceeding herein; provided,

however, that such Confidential Information is furnished, shown or disclosed in accordance with

paragraph 7 hereof;

(d) the Court and court pers01mel;

3
FILED: NASSAU COUNTY CLERK 12/20/2023 11:11 AM INDEX NO. 618865/2023
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

(e) an officer before whom a deposition is taken, including stenographic

reporters and any necessary secretarial, clerical or other personnel of such officer;

(f) trial and deposition witnesses, if furnished, shown or disclosed 111

accordance with paragraphs 9 and 10, respectively, hereof; and

(g) any other person agreed to by the Producing Party.

6. Confidential Information shall be utilized by the Receiving Party and its counsel

only for purposes of this litigation and/or for valuation purposes, and for no other purposes.

7. Before any disclosure of Confidential Jnfonnation is made to an expert witness or

consultant pursuant to paragraph S(c) hereof, counsel for the Receiving Party making such

disclosure shall provide to the expert witness or consultant a copy of this Stipulation and obtain

the expert's or consultant's written agreement, in the fo1m of Exhibit A attached hereto, to comply

with and be bound by its tenns. Counsel for the Receiving Party obtaining the certificate shall

supply a copy to counsel for the other Parties at the time designated for expert disclosure, except

that any certificate signed by an expert or consultant who is not expected to be called as a witness

at trial is not required to be supplied.

8. All depositions shall presumptively be treated as Confidential Infonnation and

subject to this Stipulation during the deposition and for a period of fifteen (15) days after a

transcript of said deposition is received by counsel for each of the Parties. At or before the end of

such fifteen day period, the deposition shall be classified appropriately.

9. Should the need arise for any Party or, as appropriate, non-party, to disclose

Confidential Infonnation during any hearing or tiial before the Court, including through argument

or the presentation of evidence, such Party or, as appropriate, non-party may do so only after taking

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such steps as the Court, upon motion of the Producing Party, shall deem necessary to preserve the

confidentiality of such Confidential Information.

l 0. This Stipulation shall not preclude counsel for any Party from using during any

deposition in this action any Documents or Testimony which has been designated as "Confidential

Information" under the tenns hereof. Any deposition witness who is given access to Confidential

lnfo1mation shall, prior thereto, be provided with a copy of this Stipulation and shall execute a

written agreement, in the f01m of Exhibit A attached hereto, to comply with and be bound by its

terms. Counsel for the Party obtaining the ce1tificate shall supply a copy to counsel for the other

Parties and, as appropriate, a non-party that is a Producing Party. In the event that, upon being

presented with a copy of the Stipulation, a witness refuses to execute the agreement to be bound

by this Stipulation, the Comt shall, upon application, enter an order directing the witness's

compliance with the Stipulation.

11. A Party may designate as Confidential Information subject to this Stipulation any

document, infonnation, or deposition testimony produced or given by any non-paity to this case,

or any portion thereof. In the case of Documents, produced by a non-party, designation shall be

made by notifying all counsel in writing of those documents which are to be stamped and treated

as such at any time up to fifteen ( 15) days after actual receipt of copies of those documents by

counsel for the Pa1ty asse1ting the confidentiality privilege. In the case of deposition Testimony,

designation shall be made by notifying all counsel in writing of those portions which are to be

stamped or otherwise treated as such at any time up to fifteen (15) days after the transcript is

received by counsel for the Party (or, as appropriate, non-party) asserting the confidentiality. Prior

to the expiration of such fifteen (15) day period ( or until a designation is made by counsel, if such

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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

a designation is made in a shorter period of time), all such Documents and Testimony shall be

treated as Confidential Info1mation.

12.

(a) A Pai1y or, as appropriate, non-party, who seeks to file with the Court (i)

any deposition transcripts, exhibits, answers to inten-ogatories, or other documents which have

previously been designated as comprising or containing Confidential Information, or (ii) any

pleading, brief or memorandum which reproduces, paraphrases or discloses Confidential

Infonnation shall file the document, pleading, brief, or memorandum on the NYSCEF system in

redacted fonn until the Com1 renders a decision on any motion to seal (the "Redacted Filing"). If

the Producing Party fails to move to seal within seven (7) days of the Redacted Filing, the Pat1y

(or, as appropriate, non-party) making the filing shall take steps to replace the Redacted Filing

with its con-esponding unredacted version.

(b) In the event that the Party's (or, as appropriate, non-party's) filing includes

Confidential Infom1ation produced by a Producing Pai1y that is a non-party, the filing Party shall

so notify that Producing Party within twenty four (24) hours after the Redacted Filing by providing

the Producing Party with a copy of the Redacted Filing as well as a version of the filing with the

relevant Producing Party's Confidential lnfo1mation unredacted.

granted, the filing Party (or, as appropriate, non-party) shall ensure that all documents (or, if

directed by the com1, portions of documents) that are the subject of the order to seal are filed in

accordance with the procedures that govern the filing of sealed documents on the NYSCEF system.

If the Producing Party's timely motion to seal is denied, then the Party (or, as appropriate, non-

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NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 12/20/2023

party) making the filing shall take steps to replace the Redacted Filing with its corresponding

unredacted version.

(d) Any Party filing a Redacted Filing in accordance with the procedure set

forth in this paragraph 12 shall, contemporaneously with or prior to making the Redacted Filing,

provide the other Parties and the Court with a complete and unredacted version of the filing.

(e) All pleadings, b1iefs or memoranda which reproduce, paraphrase or disclose

any materials which have previously been designated by a pa1ty as comprising or containing

Confidential Information shall identify such documents by the production number ascribed to them

at the time of production.

13. Any person receiving Confidential Information shall not reveal or discuss such

information to or with any person not entitled to receive such infonnation under the tenns hereof

and shall use reasonable measures to store and maintain the Confidential Infonnation so as to

prevent unautho1ized disclosure.

14. Any document or information that may contain Confidential Info1mation that has

been inadvertently produced without identification as to its "confidential" nature as provided in

paragraphs 2 and/or 11 of this Stipulation, may be so designated by the party asserting the

confidentiality privilege by written notice to the undersigned counsel for the Receiving Party

identifying the document or infonnation as "confidential" within a reasonable time following the

discovery that the document or information has been produced without such designation.

15. Extracts and summaries of Confidential Infonnation shall also be treated as

confidential in accordance with the provisions of this Stipulation.

16. The production or disclosure of Confidential Information shall in no way constitute

a waiver of each Producing Party's tight to object to the production or disclosure of other

Case Info

Judge

Timothy Driscoll Track Judge’s New Case

Case No.

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Document Filed Date

December 20, 2023

Case Filing Date

November 20, 2023

County

Parties

2872 CONEY ISLAND AVENUE LLC Defendant
B. D. REALTY CORP. Defendant
GUMERSELL, WALTER J. Attorney for the Defendant
HARPER, ROBERT MATTHEW Attorney for the Plaintiff
IMPELLIZERI, MICHAEL NEAL Attorney for the Defendant
Jillian Milman Plaintiff
MAGNETTI, SHANE ANTHONY Attorney for the Plaintiff
MCROBERTS, FRANKLIN C Attorney for the Plaintiff
NOVIKOFF, KENNETH A Attorney for the Defendant
Ronald Milman AS TRUSTEE OF the Trust fbo Bruce Milman Defendant
SCHIEBER, EVAN R Attorney for the Defendant
STUART NACHAMIE Attorney

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Exhibit,Appendix: Jillian Milman v. Ronald Milman, B. D. Realty Corp., 2872 Coney Island Avenue Llc, Ronald Milman As Trustee Of the Trust fbo Bruce Milman

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