Legal Document: Ryan Urban, Gigi Group, Llc v. Hudson Capital Group Ventures, Llc

On April 03, 2023 a NOTICE OF DISCOVERY AND INSPECTION was filed involving a dispute between Gigi Group, Llc, Ryan Urban, and Hudson Capital Group Ventures, Llc, for Commercial - Contract in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 12/04/2023 09:52 AM INDEX NO. 651660/2023
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 12/04/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------ x

: Index No. 651660/2023
RYAN URBAN and GIGI GROUP, LLC,
: PLAINTIFFS’ FIRST
Plaintiffs, NOTICE FOR DISCOVERY
: AND INSPECTION
-against-
:

HUDSON CAPITAL GROUP VENTURES, LLC, :

Defendant. :

------------------------------------------ x

PLEASE TAKE NOTICE that Plaintiffs, Ryan Urban and GiGi Group, LLC, by their

attorneys Abrams Fensterman, LLP, hereby demand pursuant to Article 31 of the CPLR that

Defendant, Hudson Capital Group Ventures, LLC, provide to Plaintiffs at 3 Dakota Drive—Suite

300, Lake Success, New York 11042, within thirty (30) days of service hereof, the documents

described herein:

DEFINITIONS AND INSTRUCTIONS

1) "Document" means each and every writing or recording, of whatever nature, whether

an original, a draft, or a copy, however produced or reproduced, and each and every tangible thing

from which information can be obtained, processed or transcribed. This term includes, but is not

limited to, correspondence, memoranda, audits, financial statements, opinions, proposals, records,

letters, telegrams, telexes, reports, contracts, agreements, computer data or printouts, e-mails, text or

electronic chat messages, data storage devices, studies, minutes, calendar and diary entries, notes,

charts, schedules, drafts, tabulations, analyses, bulletins, books pamphlets graphic, mechanical or

electrical reproductions, or reproductions of any kind, including but not limited to copies of

documents which are not identical duplicates of the originals, e.g. because handwritten of "blind"

copy notes appear thereon or are attached thereto.

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2) For purposes of the foregoing, "draft" means any earlier, preliminary, preparatory or

inactive version of all or part of a document, whether or not such document was superseded by a later

draft and whether or not the terms of the memo or the draft are the same as or different from the

terms of the final document.

3) "Concerning" means constituting, containing or in any way directly or indirectly,

evidencing, reflecting, relating to or referring to.

4) The words "and" as well as "or" shall be construed as either disjunctive or

conjunctive and references are to be construed either singular or plural, as necessary to bring within

the scope of this request to produce any document which might otherwise be construed to be outside

its scope.

5) "Communications" shall be construed as including but not being limited to

conversations (whether face-to-face, by telephone, electronic or otherwise), meetings, conferences,

discussions, negotiations, oral expert opinions, letters, memoranda, notes, reports, and all other oral

or written contracts.

6) “Recordings” shall be construed as including but not being limited to audio, digital,

tape or any other means of storing or reproducing conversations.

7) To the extent any document is furnished in response to any numbered request, it may

be omitted from the response to any subsequent request. All requests made herein shall be construed

to include any supplemental documents responsive to these requests which are later discovered by

you.

8) With respect to any document which you withhold on a claim of privilege or work

product, provide a statement setting forth as to each such document:

i) The name(s) of the sender(s) of the document;

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ii) The name(s) of the author(s) of the document;

iii) The name(s) of the person(s) to whom copies were sent or shown;

iv) The date on or date of creation of the document;

v) A brief description of the nature and/or subject matter of the document; and

vi) The nature of the privilege and the statute, rule, or decision which is claimed

to give rise to the privilege or work product protection.

9) Where a request literally would require production of only a part of a document,

Plaintiffs request that the entire document be produced.

10) Where a request seeks “evidence of” something, such request includes any audio or

video tapes, photographs or other electronic recordings.

11) For purposes of interpreting or construing the scope of the requests made herein, the

terms used should be given their most expansive and inclusive interpretation unless otherwise

specifically limited in the request itself. This includes, without limitation, the following:

i) Construing the singular form of words to include the plural and the plural

form to include the singular; and

ii) Construing the past tense of a verb to include the present tense and the

present tense to include the past tense.

12) As to each Request for Production, if Defendant expects to obtain further documents

between the time the Responses are served and the time of trial, Defendant is requested to state this

fact in each Response.

13) The term “Urban”, shall refer to the Plaintiff, Ryan Urban.

14) The term “GiGi”, shall refer to the Plaintiff, GiGi Group, LLC.

15) The term “Hudson”, shall refer to the Defendant, Hudson Capital Group Ventures,

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LLC, and its officers, principals, agents and employees.

16) The term the “Project” shall refer to the new restaurant and nightclub concept located

at 138 Bowery, New York, New York which is the subject of the within action.

17) Unless otherwise specified, the relevant time period for the document request is

January 1, 2021 to the present.

DOCUMENTS REQUESTED

1. All contracts and agreements between the parties relating to the Project.

2. All contracts and agreements between Hudson and any other persons or entities

relating to the Project.

3. All correspondence and other communications between the parties relating to the

Project.

4. All correspondence and other communications between Hudson and any other

persons or entities relating to the Project.

5. All documents relating to any advisory services rendered by Hudson in connection

with the Project.

6. All documents relating to any capital raising services rendered by Hudson in

connection with the Project.

7. All bills, invoices, statements of account or other requests for payment issued by or

on behalf of Hudson in connection with the Project.

8. All evidence of or documents concerning any out-of-pocket expenses incurred by

Hudson in connection with the Project.

9. All evidence of or documents concerning any media announcements or marketing

materials prepared or generated by Hudson in connection with the Project.

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10. All evidence of or documents concerning the Fourth Affirmative Defense alleging

that Plaintiffs’ damages arise “solely or partially from the fault of Plaintiffs.”

11. All evidence of or documents concerning the Fifth Affirmative Defense alleging that

Plaintiffs’ damages arise “solely or partially from the fault of third parties.”

12. All evidence of or documents concerning the Seventh Affirmative Defense alleging

that “any alleged acts or omissions by the Defendant was based on a mistake of fact or law.”

13. All evidence of or documents concerning the Eighth Affirmative Defense alleging

that “any alleged acts or omissions by the Defendant were commercially reasonable.”

14. All evidence of or documents concerning the Ninth Affirmative Defense alleging that

any and all “alleged acts or omissions committed by the Defendant were legally justified.”

15. All evidence of or documents concerning the Tenth Affirmative Defense alleging that

any and all “alleged acts or omissions committed by the Defendants were done reasonably and in

good faith.”

16. All evidence of or documents concerning the Eleventh Affirmative Defense alleging

that Plaintiffs “failed to mitigate their damages.”

17. All evidence of or documents concerning the Twelfth Affirmative Defense alleging

that Plaintiffs “acted with unclean hands.”

18. Any statements, whether oral, written or electronically recorded, from any individuals

or entities relating to the Project and any services performed by Hudson in connection therewith.

19. All evidence of or documents concerning the Thirteenth Affirmative Defense alleging

that Plaintiffs “expressly or implicitly consented to the Defendant’s alleged acts and omissions.”

20. All evidence of or documents concerning the Fourteenth Affirmative Defense

alleging that Plaintiffs “waived any claim arising from the Defendant’s alleged acts and omissions by

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failing to timely object, provide notice of any violation and to file suit.”

21. All pleadings in any actions currently pending in any forum in which Hudson is a

named Plaintiff or Defendant.

22. All pleadings in any actions currently pending in any forum in which any officers,

members or principals of Hudson is a named Plaintiff or Defendant.

23. All documents which Hudson contends constitute an admission or declaration against

interest by or on behalf of Plaintiffs.

24. To the extent not previously produced, all other documents which Hudson reasonably

intends to use as exhibits at any deposition, trial or hearing in this action.

Dated: December 4, 2023

ABRAMS FENSTERMAN, LLP

By:______________________________________
Keith J. Singer
Alex Leibson
3 Dakota Drive-Suite 300
Lake Success, New York 11042
(516) 328-2300
ksinger@abramslaw.com

Attorneys for Plaintiffs

To: GOTTESMAN LEGAL, PLLC
Baruch Gottesman, Esq.
11 Broadway, Suite 615
New York, New York 10004
(212) 401-6910

Attorneys for Defendant

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Document Filed Date

December 04, 2023

Case Filing Date

April 03, 2023

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Document for Ryan Urban, Gigi Group, Llc v. Hudson Capital Group Ventures, Llc

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