Preview
FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
Ostrander Exhibit E
FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF ROCKLAND
KPL GREEN LLC,
Plaintiff, GREENPORT HUDSON
ASSOCIATES, LLC'S FIRST
vs. NOTICE TO PRODUCE
DOCUMENTS
GREENPORT HUDSON ASSOCIATES, LLC,
MORGENSTERN DEVOESICK, PLLC, and as Index No.: 030709/2023
Escrow Agent, and CRAZY BEER WORLD, INC.,
Defendants.
Pursuant to CPLR 3120, defendant Greenport Hudson Associates, LLC ("GHA"), hereby
demands that plaintiff KPL Green LLC ("Plaintiff') produce and permit discovery, by its
attorneys, of the following documents and things relevant to the subject matter herein for
inspection and copying at the offices of Woods Oviatt Oilman L,LP, 1900 Bausch & Lomb Place.
Rochester, New York 14604 within twenty (20) days of the service hereof.
PLEASE TAKE FURTHER NOTICE that if Plaintiff fails to disclose the documents
requested, GHA will request that the Court impose all penalties applicable under law for failure to
disclose, including, but not limited to, preclusion.
I. DEFINITIONS
As used herein:
A. The word "document" means any written or graphic matter, however produced or
reproduced, of any kind or description, and all tangible things from which information can be
processed or transcribed, including without limitation, at least one original(s), and a copy, and
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FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
drafts and both sides thereof, and including but not limited to: correspondence, letters, telegrams,
cables, telex messages, memoranda, notes, notations, work papers, intra office and intra
departmental communications, transcripts, scripts, notes and minutes of telephone or other
conversations, or of conferences or meetings, opinions, reports, studies, analyses, evaluations,
contracts, licenses, agreements, desk calendars, appointment books, diaries, lists, tabulations,
summaries, charts, graphs, maps, surveys, video recordings, sound recordings, other recordings,
photographs, computer tapes, magnetic tapes, microfilms, printout sheets, punch cards, time cards,
time sheets, all other records kept by electronic, photographic or mechanical means, and paper and
things similar to any of the foregoing, including all non identical copies thereof in possession,
custody or control of plaintiff, or any of plaintiff's agents or employees.
B. As used herein, "communication" and "communications" shall mean any
transmission of information by one or more persons or between two or more persons by any means
including, without limitation, telephone conversations, letters, telegrams, teletypes, telexes,
facsimiles, electronic mail, computer transmissions, written memoranda, and face-to-face
conversations.
C: The words "relating to" includes in whole or in part, concerning, referring to,
relating to, connected with, commenting on, responding to, showing, describing, analyzing,
reflecting and constituting.
D. The word "or" means and/or.
E. The word "and" means and/or.
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FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
F. "Plaintiff' and "KPL" mean plaintiff KPL Green LLC together with its officers,
directors, members, managers, employees, agents and representatives.
G. "GHA" or "Greenport" means the defendant Greenport Hudson Associates LLC
together with its officers, directors, members, managers, employees, agents and representatives.
H. "MDP" or "Morgenstern" means the defendant Morgenstern DeVoesick, PLI,C
together with its officers, directors, members, managers, employees, agents and representatives.
1. "CBW" or "Beer World" means the defendant Crazy Beer World, Inc. together with
its officers, directors, shareholders, managers, employees, agents and representatives.
J. GHA. MDP and CBW are sometimes hereinafter collectively referred to as the
-Defendants."
K. The "Contract" refers to the Contract for the Purchase and Sale of Real Property, last
dated June 7, 2023, between GHA, as "Seller," and Maraki Realty Corp., as "Purchaser," with
regard to the purchase and sale of certain real property and improvements commonly known as
Greenport Hudson Plaza, that was later amended to, among other things, name Plaintiff as the
"Purchaser."
L. The "Subject Property" refers to the property transferred by way of the contract,
namely Greenport Hudson Plaza as more particularly described in the Contract.
M. The "Escrow Fund" shall have the same meaning as set forth in Agreement Section 2.
N. The "CBW Lease" refers to the Lease Agreement, a copy of which is annexed to the
Complaint as Exhibit "B" thereto, between GHA, as Landlord, and CBW, as Tennant.
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NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
0. The "Amendment" refers to the Lease Amendment, effective as of October 5, 2022,
between GHA and CBW, a copy of which is annexed to the Complaint as Exhibit "C" thereto.
P. The "Closing Statement" refers to the Real Estate Closing Statement signed by KPL
and GHA on or about November 8, 2022 in connection with purchase and sale of the Subject
Property.
Q. The "Litigation" refers to the action commenced by Plaintiff against Defendants in the
New York State Supreme Court for the County of Rockland under Index Number 030709/2023.
R. "Complaint" refers to the Verified Complaint fi led by Plaintiff with the Rockland
County Clerk in the Litigation.
S. "GHA Answer" refers to the Verified Answer with Counterclaim served by GHA in
the Litigation.
T. "MDP Answer" refers to the Verified Answer with Counterclaim served by MDP in
the Litigation.
U. "CBW Answer" refers to the Verified Answer with Counterclaim served by CBW in
the Litigation.
II. INSTRUCTIONS
A. If any document requested is withheld pursuant to a claim of privilege, that document
is to be identified by author, addressee, including person to whom blind copies were addressed,
date, subject matter, number of pages, attachments or appendices, all persons to whom such
document was distributed, shown or explained, the present location and custodian of such
document and the basis of the claim of privilege.
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NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
B. All documents covered in this request shall be produced in an orderly manner sufficient
to identify the source of the documents, the file in which it was maintained, the person to whom
such file belongs, and the number of the request to which it responds.
C. In the event that any document requested has been destroyed or otherwise disposed of,
that document is to be identified by author, addressee, including person to whom blind copies were
addressed, date, subject matter, number of pages, attachments or appendices, all persons to whom
such document was distributed, or explained, date of destruction or other disposition, and person
destroying or disposing of the document and the person who directed or authorized such
destruction or disposition.
D. The words "relating to" include in whole or in part, concerning, referring to, pertaining
to, connected with, commenting on, responding to, showing, describing, analyzing, reflecting and
constituting.
E. "And" and as well as "or" shall be construed disjunctively or conjunctively as necessary
in order to bring within the scope of the request all responses which might otherwise he construed
outside its scope.
F. Unless otherwise specified, the documents requested herein are for the period beginning
with the earliest date discoverable information exists to present.
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FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
G. All electronically stored documents should be produced in a form so as to preserve all
relevant metadata.
III. DOCUMENTS REQUESTED
1. All contracts, agreements, understandings or other repositories of terms between
Plaintiff and GFIA.
2. All contracts, agreements, understandings or other repositories of terms between
Plaintiff and MDP.
3. All contracts, agreements, understandings or other repositories of terms between
Plaintiff and CBW.
4. All documents relating to Plaintiffs performance under the contracts, agreements,
understandings or other repositories of terms produced in response to Requests I through 4.
5. All Communications between Plaintiff and any one or more Defendants, regarding
(a) GHA, (b) the Contract, (c) the Subject Property, (d) the CBW Lease, (e) the Closing Statement,
(1) the Escrow Fund and (g) the Litigation.
6. All Communications between Plaintiff and any third-parties, regarding (a) any one
or more Defendants, (b) the Contract, (c) the Subject Property, (d) the CBW Lease, (e) the Closing
Statement, (f)the Escrow Fund and (g) the Litigation.
7. Any internal communications, notes, memoranda and meeting minutes of Plaintiff,
regarding any one or more Defendants, the Contract, the Subject Property, the CBW Lease, the
Closing Statement, the Escrow Fund and the Litigation.
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FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
8. Documents sufficient to identify the dates, amounts, method of payment and
purpose of all payments transmitted by Plaintiff to MDP in connection with the Contract, including
but not limited to funds intended to be used to fund the Escrow Fund.
9. Documents sufficient to identify the dates, amounts, method of payment and
purpose of all payments transmitted by Plaintiff to GHA in connection with the Contract, including
but not limited to funds intended to be used to fund the Escrow Fund.
10. All documents relating to payments made by Plaintiff to GHA and MDP in
connection with the Contract.
11. All documents relating to the "closing for the Premises" and "transfer of ownership
of the Premises" alleged in Complaint paragraph 16.
12. All documents relating to counsel for CBW having contacted attorney Paxos on
January 3, 2023 "requesting an extension of the Liquor Licenses Contingency" as alleged in
Complaint paragraph 23.
13. All documents relating to the January 19, 2023, January 20, 2023 and January 23,
2023 "written demands" alleged in Complaint paragraphs 24 and 25.
14. All documents relating to CBW's "termination of the lease" as alleged in Complaint
paragraph 27.
15. All documents relating to GHA's alleged breach of the Contract "by failing to hold
the $578,910 in escrow" as alleged in Complaint paragraph 36.
16. All documents relating to the signing and execution of the Closing Statement.
17. All documents relating to disbursement of the "Total Seller Proceeds" as set forth
in the Closing Statement.
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NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024
18. Documents sufficient to identify the (a) nature, (b) amount and (c) method of
calculation of all categories of damages claimed by Plaintiff in the Litigation.
19. Documents sufficient to identify the (a) nature, (b) amount and (c) method of
calculation (as applicable) of the consideration GHA received for the $74,865.38 "Beer Lease"
credit received by Plaintiff as set forth on the Closing Statement.
Dated: December 28, 2023 WOOD WATT GILMAN LLP
By:
F. Michael Ostrander, Esq.
Attorneys for Greenport Hudson
Associates, LLC
1900 Bausch & Lomb Place
Rochester, New York 14604
585-987-2800
fostranderwoodsoviatt.com
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Preview
FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 Ostrander Exhibit E FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF ROCKLAND KPL GREEN LLC, Plaintiff, GREENPORT HUDSON ASSOCIATES, LLC'S FIRST vs. NOTICE TO PRODUCE DOCUMENTS GREENPORT HUDSON ASSOCIATES, LLC, MORGENSTERN DEVOESICK, PLLC, and as Index No.: 030709/2023 Escrow Agent, and CRAZY BEER WORLD, INC., Defendants. Pursuant to CPLR 3120, defendant Greenport Hudson Associates, LLC ("GHA"), hereby demands that plaintiff KPL Green LLC ("Plaintiff') produce and permit discovery, by its attorneys, of the following documents and things relevant to the subject matter herein for inspection and copying at the offices of Woods Oviatt Oilman L,LP, 1900 Bausch & Lomb Place. Rochester, New York 14604 within twenty (20) days of the service hereof. PLEASE TAKE FURTHER NOTICE that if Plaintiff fails to disclose the documents requested, GHA will request that the Court impose all penalties applicable under law for failure to disclose, including, but not limited to, preclusion. I. DEFINITIONS As used herein: A. The word "document" means any written or graphic matter, however produced or reproduced, of any kind or description, and all tangible things from which information can be processed or transcribed, including without limitation, at least one original(s), and a copy, and {9434242: } FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 drafts and both sides thereof, and including but not limited to: correspondence, letters, telegrams, cables, telex messages, memoranda, notes, notations, work papers, intra office and intra departmental communications, transcripts, scripts, notes and minutes of telephone or other conversations, or of conferences or meetings, opinions, reports, studies, analyses, evaluations, contracts, licenses, agreements, desk calendars, appointment books, diaries, lists, tabulations, summaries, charts, graphs, maps, surveys, video recordings, sound recordings, other recordings, photographs, computer tapes, magnetic tapes, microfilms, printout sheets, punch cards, time cards, time sheets, all other records kept by electronic, photographic or mechanical means, and paper and things similar to any of the foregoing, including all non identical copies thereof in possession, custody or control of plaintiff, or any of plaintiff's agents or employees. B. As used herein, "communication" and "communications" shall mean any transmission of information by one or more persons or between two or more persons by any means including, without limitation, telephone conversations, letters, telegrams, teletypes, telexes, facsimiles, electronic mail, computer transmissions, written memoranda, and face-to-face conversations. C: The words "relating to" includes in whole or in part, concerning, referring to, relating to, connected with, commenting on, responding to, showing, describing, analyzing, reflecting and constituting. D. The word "or" means and/or. E. The word "and" means and/or. (9434242: }2 FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 F. "Plaintiff' and "KPL" mean plaintiff KPL Green LLC together with its officers, directors, members, managers, employees, agents and representatives. G. "GHA" or "Greenport" means the defendant Greenport Hudson Associates LLC together with its officers, directors, members, managers, employees, agents and representatives. H. "MDP" or "Morgenstern" means the defendant Morgenstern DeVoesick, PLI,C together with its officers, directors, members, managers, employees, agents and representatives. 1. "CBW" or "Beer World" means the defendant Crazy Beer World, Inc. together with its officers, directors, shareholders, managers, employees, agents and representatives. J. GHA. MDP and CBW are sometimes hereinafter collectively referred to as the -Defendants." K. The "Contract" refers to the Contract for the Purchase and Sale of Real Property, last dated June 7, 2023, between GHA, as "Seller," and Maraki Realty Corp., as "Purchaser," with regard to the purchase and sale of certain real property and improvements commonly known as Greenport Hudson Plaza, that was later amended to, among other things, name Plaintiff as the "Purchaser." L. The "Subject Property" refers to the property transferred by way of the contract, namely Greenport Hudson Plaza as more particularly described in the Contract. M. The "Escrow Fund" shall have the same meaning as set forth in Agreement Section 2. N. The "CBW Lease" refers to the Lease Agreement, a copy of which is annexed to the Complaint as Exhibit "B" thereto, between GHA, as Landlord, and CBW, as Tennant. {9434242: }3 FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 0. The "Amendment" refers to the Lease Amendment, effective as of October 5, 2022, between GHA and CBW, a copy of which is annexed to the Complaint as Exhibit "C" thereto. P. The "Closing Statement" refers to the Real Estate Closing Statement signed by KPL and GHA on or about November 8, 2022 in connection with purchase and sale of the Subject Property. Q. The "Litigation" refers to the action commenced by Plaintiff against Defendants in the New York State Supreme Court for the County of Rockland under Index Number 030709/2023. R. "Complaint" refers to the Verified Complaint fi led by Plaintiff with the Rockland County Clerk in the Litigation. S. "GHA Answer" refers to the Verified Answer with Counterclaim served by GHA in the Litigation. T. "MDP Answer" refers to the Verified Answer with Counterclaim served by MDP in the Litigation. U. "CBW Answer" refers to the Verified Answer with Counterclaim served by CBW in the Litigation. II. INSTRUCTIONS A. If any document requested is withheld pursuant to a claim of privilege, that document is to be identified by author, addressee, including person to whom blind copies were addressed, date, subject matter, number of pages, attachments or appendices, all persons to whom such document was distributed, shown or explained, the present location and custodian of such document and the basis of the claim of privilege. (9434242: }4 FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 B. All documents covered in this request shall be produced in an orderly manner sufficient to identify the source of the documents, the file in which it was maintained, the person to whom such file belongs, and the number of the request to which it responds. C. In the event that any document requested has been destroyed or otherwise disposed of, that document is to be identified by author, addressee, including person to whom blind copies were addressed, date, subject matter, number of pages, attachments or appendices, all persons to whom such document was distributed, or explained, date of destruction or other disposition, and person destroying or disposing of the document and the person who directed or authorized such destruction or disposition. D. The words "relating to" include in whole or in part, concerning, referring to, pertaining to, connected with, commenting on, responding to, showing, describing, analyzing, reflecting and constituting. E. "And" and as well as "or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of the request all responses which might otherwise he construed outside its scope. F. Unless otherwise specified, the documents requested herein are for the period beginning with the earliest date discoverable information exists to present. {9434242: } 5 FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 G. All electronically stored documents should be produced in a form so as to preserve all relevant metadata. III. DOCUMENTS REQUESTED 1. All contracts, agreements, understandings or other repositories of terms between Plaintiff and GFIA. 2. All contracts, agreements, understandings or other repositories of terms between Plaintiff and MDP. 3. All contracts, agreements, understandings or other repositories of terms between Plaintiff and CBW. 4. All documents relating to Plaintiffs performance under the contracts, agreements, understandings or other repositories of terms produced in response to Requests I through 4. 5. All Communications between Plaintiff and any one or more Defendants, regarding (a) GHA, (b) the Contract, (c) the Subject Property, (d) the CBW Lease, (e) the Closing Statement, (1) the Escrow Fund and (g) the Litigation. 6. All Communications between Plaintiff and any third-parties, regarding (a) any one or more Defendants, (b) the Contract, (c) the Subject Property, (d) the CBW Lease, (e) the Closing Statement, (f)the Escrow Fund and (g) the Litigation. 7. Any internal communications, notes, memoranda and meeting minutes of Plaintiff, regarding any one or more Defendants, the Contract, the Subject Property, the CBW Lease, the Closing Statement, the Escrow Fund and the Litigation. {9434242: }6 FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 8. Documents sufficient to identify the dates, amounts, method of payment and purpose of all payments transmitted by Plaintiff to MDP in connection with the Contract, including but not limited to funds intended to be used to fund the Escrow Fund. 9. Documents sufficient to identify the dates, amounts, method of payment and purpose of all payments transmitted by Plaintiff to GHA in connection with the Contract, including but not limited to funds intended to be used to fund the Escrow Fund. 10. All documents relating to payments made by Plaintiff to GHA and MDP in connection with the Contract. 11. All documents relating to the "closing for the Premises" and "transfer of ownership of the Premises" alleged in Complaint paragraph 16. 12. All documents relating to counsel for CBW having contacted attorney Paxos on January 3, 2023 "requesting an extension of the Liquor Licenses Contingency" as alleged in Complaint paragraph 23. 13. All documents relating to the January 19, 2023, January 20, 2023 and January 23, 2023 "written demands" alleged in Complaint paragraphs 24 and 25. 14. All documents relating to CBW's "termination of the lease" as alleged in Complaint paragraph 27. 15. All documents relating to GHA's alleged breach of the Contract "by failing to hold the $578,910 in escrow" as alleged in Complaint paragraph 36. 16. All documents relating to the signing and execution of the Closing Statement. 17. All documents relating to disbursement of the "Total Seller Proceeds" as set forth in the Closing Statement. {9434242: } 7 FILED: ROCKLAND COUNTY CLERK 01/17/2024 04:39 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/17/2024 18. Documents sufficient to identify the (a) nature, (b) amount and (c) method of calculation of all categories of damages claimed by Plaintiff in the Litigation. 19. Documents sufficient to identify the (a) nature, (b) amount and (c) method of calculation (as applicable) of the consideration GHA received for the $74,865.38 "Beer Lease" credit received by Plaintiff as set forth on the Closing Statement. Dated: December 28, 2023 WOOD WATT GILMAN LLP By: F. Michael Ostrander, Esq. Attorneys for Greenport Hudson Associates, LLC 1900 Bausch & Lomb Place Rochester, New York 14604 585-987-2800 fostranderwoodsoviatt.com (9434242: } 8