On August 12, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Isaac Hersko Aka Yitzchok Shlomo Hersko,
and
516 Kingston, Llc,
Abraham Wesiel As Escrow Agent,
Barry Hersko Aka Zev Dov Hersko Aka Berel Hersko,
B. Clark Associates, Inc,
Bella Hersko,
Clark Wilson, Inc.,
Wilson Flat, Inc.,
Wilson Han Associates, Inc.,
Wilson-Hins Associates, Inc,
Wilson-Mer Associates, Inc.,
Wilson Properties & Equities, Inc.,
for Real Property - Other (Constructive Trust)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/02/2024 11:19 PM INDEX NO. 520492/2021
NYSCEF DOC. NO. 680 RECEIVED NYSCEF: 04/02/2024
From: hers123@aol.com
Sent: Tuesday, July 25, 2023 11:22 AM
To: Flanders, Craig; Jacobson, David; Cogan, Hirsh
Subject: Fw: Hersko v. Hersko Index 520492/2021
Attachments: 1059073.pdf
----- Forwarded Message -----
From: Mayer Kanner
To: Barry Hersko
Sent: Tuesday, July 25, 2023 at 11:14:01 AM EDT
Subject: Fw: Hersko v. Hersko Index 520492/2021
Please advise
Mayer Kanner, CPA
5417 Eighteenth Ave
Brooklyn, NY 11204
(718) 256 1400 fax (718) 256-7271
IRS Circular 230 Disclosure:
To ensure compliance with Treasury Circular 230 regulations, Government Practice Before the IRS, we wish to advise you that any U.S. federal tax
advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter
addressed herein. For more information about why we are required to include this legend in e-mails, please go to http://www.irs.gov/pub/irs-
regs/td9165.pdf
The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. If you are not the intended
recipient, please do not read, copy or disclose the contents of this communication to others. Please notify the sender immediately if you have
received this email in error by replying to this message or by telephoning (718) 256-1400. Please then delete this message. Any review,
dissemination, distribution, copying or other unintended use of this communication or the information in it is strictly prohibited.
From: Melanie Wiener
Sent: Tuesday, July 25, 2023 10:38 AM
To: mkannercpa@msn.com
Cc: Anthony Genovesi ; Yair Bruck ; Mordecai Geisler
; Sabrina DiStefano
Subject: Hersko v. Hersko Index 520492/2021
Mr. Kanner, attached hereto please find a subpoena that was served on you in April 2022 which the court affirmed in an
order dated October 7, 2022 (see attached). There are no other orders staying your production and compliance with the
1
FILED: KINGS COUNTY CLERK 04/02/2024 11:19 PM INDEX NO. 520492/2021
NYSCEF DOC. NO. 680 RECEIVED NYSCEF: 04/02/2024
subpoena. We have not received the documents to date. Please forward said documents immediately to my attention via
email to avoid judicial intervention.
Melanie Wiener, Esq. | Partner
Brooklyn Office
1 Metrotech Center Suite 1701
Brooklyn, New York 11201
718-215-5300 x508 | Office
718-215-5304 | Fax
MWiener@Abramslaw.com
www.abramslaw.com
CONFIDENTIALITY NOTICE: This e-mail may be an attorney-client communication and may contain information that is privileged and
confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If you are
not the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this e-mail
and any attachments hereto. Please notify the sender and delete this e-mail if you are not the intended recipient.
2
FILED: KINGS COUNTY CLERK 04/02/2024 11:19 PM INDEX NO. 520492/2021
NYSCEF DOC. NO. 680 RECEIVED NYSCEF: 04/02/2024
Melanie I. Wiener, Partner
mwiener@abramslaw.com
February 23, 2024
Via E-mail
Mayer Kanner, CPA
5417 18th Avenue
Brooklyn, NY 11204
Re: Isaac Hersko V. Barry Hersko, Barry Hersko A/K/A Zev Dov Hersko A/K/A Berel
Hersko, Bella Hersko, Wilson-Hins Associates, Inc., Clark Wilson, Inc., Wilson
Properties & Equities, Inc., Wilson Flat, Inc., Wilson Han Associates, Inc.,
Wilson-Mer Associates, Inc., B. Clark Associates, Inc., 516 Kingston, LLC and
Abraham Weisel, As Escrow Agent
Index No. 520492/2021
Dear Mr. Kanner:
The undersigned represents Plaintiff Isaac Hersko in the above referenced action. You
were previously served with a subpoena to produce state and federal tax returns for the above
referenced Defendant corporate entities. A copy of that subpoena is attached hereto for your
reference.
In her Decision and Order dated October 7, 2022, Judge Karen B. Rothenberg denied
Defendants’ request to quash said subpoena but limited the production dates to 2016 through
2021. A copy of that Decision and Order is also attached hereto for reference.
On February 21, 2024, the Appellate Division, Second Department affirmed and upheld
Judge Rothenberg’s October 7, 2022 Decision and Order. Please provide a copy of the
subpoenaed documents, limited to the years 2016 through 2021, within seven (7) days of this
letter and advise as to your availability for a deposition pursuant to the subpoena during the week
of March 18, 2024.
Please call me if you have any questions.
Very truly yours,
Melanie I. Wiener
cc: Blank Rome, LLP via email
Preview
FILED: KINGS COUNTY CLERK 04/02/2024 11:19 PM INDEX NO. 520492/2021 NYSCEF DOC. NO. 680 RECEIVED NYSCEF: 04/02/2024 From: hers123@aol.com Sent: Tuesday, July 25, 2023 11:22 AM To: Flanders, Craig; Jacobson, David; Cogan, Hirsh Subject: Fw: Hersko v. Hersko Index 520492/2021 Attachments: 1059073.pdf ----- Forwarded Message ----- From: Mayer Kanner To: Barry Hersko Sent: Tuesday, July 25, 2023 at 11:14:01 AM EDT Subject: Fw: Hersko v. Hersko Index 520492/2021 Please advise Mayer Kanner, CPA 5417 Eighteenth Ave Brooklyn, NY 11204 (718) 256 1400 fax (718) 256-7271 IRS Circular 230 Disclosure: To ensure compliance with Treasury Circular 230 regulations, Government Practice Before the IRS, we wish to advise you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. For more information about why we are required to include this legend in e-mails, please go to http://www.irs.gov/pub/irs- regs/td9165.pdf The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. If you are not the intended recipient, please do not read, copy or disclose the contents of this communication to others. Please notify the sender immediately if you have received this email in error by replying to this message or by telephoning (718) 256-1400. Please then delete this message. Any review, dissemination, distribution, copying or other unintended use of this communication or the information in it is strictly prohibited. From: Melanie Wiener Sent: Tuesday, July 25, 2023 10:38 AM To: mkannercpa@msn.com Cc: Anthony Genovesi ; Yair Bruck ; Mordecai Geisler ; Sabrina DiStefano Subject: Hersko v. Hersko Index 520492/2021 Mr. Kanner, attached hereto please find a subpoena that was served on you in April 2022 which the court affirmed in an order dated October 7, 2022 (see attached). There are no other orders staying your production and compliance with the 1 FILED: KINGS COUNTY CLERK 04/02/2024 11:19 PM INDEX NO. 520492/2021 NYSCEF DOC. NO. 680 RECEIVED NYSCEF: 04/02/2024 subpoena. We have not received the documents to date. Please forward said documents immediately to my attention via email to avoid judicial intervention. Melanie Wiener, Esq. | Partner Brooklyn Office 1 Metrotech Center Suite 1701 Brooklyn, New York 11201 718-215-5300 x508 | Office 718-215-5304 | Fax MWiener@Abramslaw.com www.abramslaw.com CONFIDENTIALITY NOTICE: This e-mail may be an attorney-client communication and may contain information that is privileged and confidential and is therefore subject to legal restrictions and penalties regarding its unauthorized disclosure or other use. If you are not the intended recipient you are prohibited from copying, forwarding, distributing, disseminating, or otherwise viewing this e-mail and any attachments hereto. Please notify the sender and delete this e-mail if you are not the intended recipient. 2 FILED: KINGS COUNTY CLERK 04/02/2024 11:19 PM INDEX NO. 520492/2021 NYSCEF DOC. NO. 680 RECEIVED NYSCEF: 04/02/2024 Melanie I. Wiener, Partner mwiener@abramslaw.com February 23, 2024 Via E-mail Mayer Kanner, CPA 5417 18th Avenue Brooklyn, NY 11204 Re: Isaac Hersko V. Barry Hersko, Barry Hersko A/K/A Zev Dov Hersko A/K/A Berel Hersko, Bella Hersko, Wilson-Hins Associates, Inc., Clark Wilson, Inc., Wilson Properties & Equities, Inc., Wilson Flat, Inc., Wilson Han Associates, Inc., Wilson-Mer Associates, Inc., B. Clark Associates, Inc., 516 Kingston, LLC and Abraham Weisel, As Escrow Agent Index No. 520492/2021 Dear Mr. Kanner: The undersigned represents Plaintiff Isaac Hersko in the above referenced action. You were previously served with a subpoena to produce state and federal tax returns for the above referenced Defendant corporate entities. A copy of that subpoena is attached hereto for your reference. In her Decision and Order dated October 7, 2022, Judge Karen B. Rothenberg denied Defendants’ request to quash said subpoena but limited the production dates to 2016 through 2021. A copy of that Decision and Order is also attached hereto for reference. On February 21, 2024, the Appellate Division, Second Department affirmed and upheld Judge Rothenberg’s October 7, 2022 Decision and Order. Please provide a copy of the subpoenaed documents, limited to the years 2016 through 2021, within seven (7) days of this letter and advise as to your availability for a deposition pursuant to the subpoena during the week of March 18, 2024. Please call me if you have any questions. Very truly yours, Melanie I. Wiener cc: Blank Rome, LLP via email