Jury Demand in Ohel Elozer, A New York Religious Corporation d/b/a BE'ER HATORAH v. Baruch Tabak| Trellis.Law

On August 24, 2023 a DEMAND FOR: - Supplemental Combined Demands on Defendant was filed involving a dispute between Ohel Elozer, A New York Religious Corporation D B A Be'Er Hatorah, and Baruch Tabak, for Real Property - Other (Declaratory Judgment) in the District Court of Sullivan County.

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FILED: SULLIVAN COUNTY CLERK 05/08/2024 01:50 PM INDEX NO. E2023-1339
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/08/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
____________________________________________X Index No.: E2023-1339
OHEL ELOZER, a New York Religious Corporation,
d/b/a BE’ER HATORAH,

Plaintiff,
OHEL ELOZER d/b/a BE’ER
-against- HATORAH’S SUPPLEMENTAL
COMBINED DEMANDS
ON BARUCH TABAK

BARUCH TABAK,

Defendant.
__________________________________________X

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
____________________________________________X
BARUCH TABAK, Index No. E2022-2462

Petitioner,

-against-

JACOB JACOBOWITZ,
Respondent.

____________________________________________X

PLEASE TAKE NOTICE that pursuant to Article 31 of the New York Civil Practice Law

and Rules, and this Court’s Discovery Order dated April 18, 2024, Plaintiff OHEL ELOZER d/b/a

BE’ER HATORAH (“Ohel Elozer”) in Action bearing Index No. E2023-1339 and Third-Party

Intervenor in Proceeding bearing Index No. E2022-2462, by its counsel Allyn & Fortuna LLP,

hereby Supplements Plaintiff’s Combined Demands on Defendant served on November 20, 2023,

which were never responded to, and requests Defendant/Petitioner Baruch Tabak (“Tabak”) to

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produce for discovery, inspection and copying the documents and things specified herein, as soon

as such documents are available, but in no event later than June 7, 2024, at the offices of Allyn &

Fortuna LLP, 400 Madison Avenue, Suite 10D, New York, New York 10017.

DEFINITIONS AND INSTRUCTIONS

Each of the following definitions, unless otherwise indicated, applies to and shall be a part

of each request for discovery and inspection which follows:

1. “Document” means and includes all written, graphic or otherwise recorded matter,

however produced or reproduced and whether or not now in existence, pertaining in any manner

to the subject matter indicated, and includes, without limiting the generality of the foregoing, all

originals, copies, non-identical copies (or copies different from the originals due to notes made on

such copies or because of indications that such copies were sent to different individuals than the

original or different for any other reason) and drafts of all: (a) statements, reports, notes,

memoranda, forms; (b) diaries, calendars, appointment books, telephone slips; (c) computer disks,

computer records, records, transcripts, computer printouts, recordings and memoranda of events,

meetings, conferences, or telephone conversations; (d) correspondence, including letters, intra-

office and inter-office communications and memoranda, electronic mails, inter and intranet

communications, telegrams, facsimiles, teletype messages and cables; and (e) ledgers, books of

account, invoices, bills, expense account reports, vouchers and statements. A request for any

document also includes a request for any such document and all versions thereof preserved in any

computer backup or other media archiving or electronic format.

2. “Communication” means and includes any contact between two or more persons,

including, but not limited to, written contact by letter, memorandum, telegram, electronic mail,

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inter or intranet, telex and facsimile, or oral contact in face-to-face meetings, telephone

conversations or otherwise.

3. “Concerning” means relating to, referring to, describing, evidencing, constituting

or discussing.

4. “Control”: A document shall be deemed to be in your control if you have the right

to secure the document or a copy thereof from another person having possession or custody thereof.

If a document is responsive to a request for production and is in your control, but is not in your

possession or custody, you are requested to identify the person with possession or custody.

5. “Person” shall mean any natural person or any business, legal or governmental

entity or association.

6. “Relating to” shall mean, without limitation, concerning, in connection with,

regarding, referring to, describing, evidencing or constituting. These terms may be used

interchangeably with these demands.

7. “Plaintiff” and/or “Third-Party Intervenor” shall mean OHEL ELOZER d/b/a

BE’ER HATORAH, and any affiliates, subsidiaries, predecessors, or other related entities and any

of its officers, directors, employees, agents, representatives, and anyone else acting on its behalf.

8. “Defendant” and/or “Petitioner” shall mean BARUCH TABAK, and/or his

assignees, former or present agents, employees, or representatives under his control, and any other

person or entity acting or purporting to act on his behalf.

9. “Complaint” shall mean Plaintiff’s Verified Complaint, dated on or about August

24, 2023, and filed in the New York State Supreme Court, Sullivan County.

10. “Petition” shall mean the Verified Petition dated November 14, 2022, and filed in

the State Supreme Court, Sullivan County on December 1, 2022.

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11. “Leroy Property” shall refer to the property located in the Town of Fallsburg,

located at 1 Leroy Road, Town of Fallsburg, in the State of New York, and Section 17, Block 1,

Lot(s) 41 and 33.1 pursuant to a deed dated February 4, 2010.

12. “Answer” shall mean the Verified Answer with Counterclaims filed by Defendant

on or about October 30, 2023 in the New York State Supreme Court, Sullivan County.

13. Unless otherwise specifically indicated in a request, the “Relevant Time Period” is

January 1, 2020 to the present.

14. The following rules of construction apply:

a. The singular includes the plural and vice versa.
b. The masculine includes the feminine and neuter genders.
c. The past tense includes the present tense where the clear meaning is not distorted
by change of tense.
d. “And,” “or” or “and/or” shall be construed either conjunctively or disjunctively as
necessary to bring within the scope of this document request responses that might
otherwise be construed to be outside of their scope.
e. “Including” shall mean including without limitation.
f. “Any,” “all,” “each” and “every” shall be construed as meaning any, all, each and
every.
g. All words, terms and phrases not specifically defined herein are to be given their
normal and customary meaning in the context in which they are used herein.

15. If any document called for by these requests is not produced or is redacted on the

ground that it is, in whole or part, privileged or otherwise claimed to be protected against

production, you are requested to identify the document, including, but not limited to, providing the

following information with respect to each such document:

a. its date;
b. its author(s), its signatory(ies) and those who participated in its preparation;
c. the type of document it is (e.g., letter, chart, memorandum, etc.);
d. a description of the non-produced subject matter and the length thereof;
e. a list identifying those persons and entities to whom said document(s) was
disseminated; and
f. the nature of the privilege or other basis relied upon by you in withholding
production of each such document or portion thereof.

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16. If any document called for by these requests is not produced on the ground that it

has been lost, destroyed, or otherwise dispose of since its creation or receipt, you are requested to

identify the document, including, but not limited to, providing the following information with

respect to each such document:

a. its date;
b. its author(s), its signatory(ies) and those who participated in its preparation;
c. the type of document it is (e.g., letter, chart, memorandum, etc.);
d. a description of the subject matter of the document;
e. a list identifying those persons and entities to whom said document(s) was
disseminated;
f. the last custodian of the document and copies thereof; and
g. the circumstances whereby the document and copies thereof were lost, destroyed
or otherwise disposed of.

17. Notwithstanding the assertion of any objection to production, any document to

which an objection is raised, which contains non-objectionable matter that is responsive to a

request, must be produced, but that portion of the document as to which the objection is asserted

may be withheld or redacted in the first instance, provided that the above-requested identification

is furnished.

18. If your response is that responsive documents are not in your possession, custody,

or control, set forth the efforts made to locate the documents, and identify by name, employer, job

title and last known business and residential address the person or entity last known to have

possession, custody or control of the documents and the last known location of the documents.

19. Documents produced shall be produced as they are kept in the usual course of

business or, alternatively, shall be organized and labeled to correspond to the specifications of the

particular requests, set forth below, in response to which such documents are produced.

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20. This request is continuing and all documents or information responsive to this

document request coming into your possession, custody, or control after your initial production of

documents shall be produced forthwith.

DEMAND FOR DOCUMENTS

1. All documents and communications evidencing, referring, or relating to the
negotiation of the lease of the Leroy Property by Defendant.

2. All documents and communications evidencing, referring, or relating to non-party
Jacob Jacobowitz’s authority to enter into a lease of the Leroy Property on behalf
of Plaintiff.

3. All documents and communications evidencing, referring or relating to any
discussions between Plaintiff/Third-Party Intervenor’s Board Members and
Defendant/Petitioner in or around September 2020 regarding the lease of the Leroy
Property by Defendant/Petitioner.

4. All documents and communications concerning the negotiation of the lease of the
Leroy Property between Plaintiff and Defendant/Petitioner.

5. All documents and communications concerning the negotiation between Plaintiff
and Defendant/Petitioner of the Arbitration Agreement attached as Exhibit B to the
Verified Petition.

6. All documents and communications concerning the negotiation of the lease of the
Leroy Property between non-party Jacob Jacobowitz and Defendant/Petitioner.

7. All documents and communications concerning the negotiation between non-party
Jacob Jacobowitz and Defendant/Petitioner of the Arbitration Agreement attached
as Exhibit B to the Verified Petition.

8. All documents and communications evidencing, referring or relating to the parties
to the Arbitration Agreement attached as Exhibit B to the Verified Petition.

9. All documents and communications evidencing, referring or relating to the number
of arbitration sessions held between Jacob Jacobowitz and Defendant/Petitioner
including the dates of the arbitration sessions, the location where the sessions were
held, and the participants in the proceedings.

10. All documents and communications evidencing, referring or relating to any
meetings held by Plaintiff’s Board concerning the lease of the Leroy Property to
Defendant/Petitioner.

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11. All documents and communications evidencing, referring or relating to efforts
taken to seek and/or obtain court approval of the Lease in accordance with New
York’s Religious Corporations Law, § 12 (1).

12. All documents and communications evidencing, referring or relating to efforts
taken to seek and/or obtain approval from the Attorney General of the Lease in
accordance with New York’s Religious Corporations Law, § 12 (1).

13. Any communications between Jacob Jacobowitz and Defendant/Petitioner
concerning the requirement to obtain approval of the Lease from the court and/or
attorney general.

14. Copies of any court filings made by Jacob Jacobowitz, Defendant/Petitioner,
Plaintiff/Third-Party Intervenor, or any third party, in connection with an
application for court approval of the Lease in accordance with New York’s
Religious Corporations Law, § 12 (1).

15. Copies of any documents filed with the New York State Attorney General’s Office
by Jacob Jacobowitz, Defendant/Petitioner, Plaintiff/Third-Party Intervenor, or any
third party, in connection with an application for obtaining attorney general
approval of the Lease.

16. All documents and communications evidencing, referring or relating to any
meetings held by Plaintiff’s Board concerning the Arbitration Agreement attached
as Exhibit B to the Verified Petition.

17. Copies of all lease payments made by Defendant/Petitioner in connection with the
lease of the Leroy Property from September 2020 to the present.

18. All documents and communications evidencing, referring or relating to any efforts
by Defendant/Petitioner to renovate the Leroy Property as alleged in
Defendant/Petitioner’s Answer and Facts Common to Counterclaims.

19. All documents and communications evidencing, referring or relating to discussions
between Defendant/Petitioners and the sub-tenant referenced in Defendant’s
Answer and Facts Common to Counterclaims.

20. All documents and communications evidencing, referring or relating to
submissions made by Defendant/Petitioner in rabbinical arbitration related to the
Leroy Property, as alleged in Defendant’s Answer and Facts Common to
Counterclaims.

21. All documents and communications evidencing, referring or relating to any
discussions between Defendant/Petitioner and any third-parties related to the
renovation of the Leroy Property.

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22. Copies of all payments, cancelled checks, credit card receipts, and/or cash receipts
evidencing, referring, relating, or supporting Defendant/Petitioner’s allegations that
he expended over $100,000.00 in renovating the Leroy Property and installing a
new heating system, as alleged in Defendant’s Fourth Counterclaim.

23. Copies of all payments, cancelled checks, credit card receipts, and/or cash receipts
evidencing, referring, relating, or supporting Defendant/Petitioner’s allegations that
he has been damaged in an amount of over $250,000, as alleged in Defendant’s
Third Counterclaim.

24. All documents and communications evidencing, referring or relating to the
installation of the new heating system at the Leroy Property as alleged in
Defendant’s Answer and Counterclaims.

25. All documents and communications evidencing, referring or relating to
communications between Defendant/Petitioner and any local municipality
regarding the permitting, inspections, and plans filed in connection with the
installation of a new heating system at the Leroy Property.

26. Copies of all permits and inspections obtained in connection with the installation
of a new heating system at the Leroy Property.

27. All documents and communications identifying the installer of the new heating
system at the Leroy Property including all licenses from the State of New York or
local municipality held by the installer.

28. All documents, plans, schedules, reports, and communications identifying the
materials used for the installation of the new heating system, each location where
the system was installed, and the cost of the installation.

29. All documents and communications evidencing, referring or relating to any
discussions between Defendant/Petitioner and any architect, engineer, contractor,
or any other person related to the extensive renovations made by
Defendant/Petitioner to the Leroy Property as alleged in Defendant’s Answer with
Counterclaims.

30. All documents concerning the allegations in Defendant’s Verified Answer with
Counterclaims.

31. All documents concerning the allegations in Defendant/Petitioner’s Verified
Petition.

32. All documents concerning any statement or admission by any person, not a party
to this action, relevant to the allegations in the Verified Complaint, Defendant’s
Answer, and Verified Petition.

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33. All documents evidencing or relating to any facts Defendant/Petitioner believes or
contends refutes or contradicts any of Plaintiff/Third-Party Intervenor’s claims or
defenses to Defendant’s Counterclaims.

34. Provide any and all documents that Defendant/Petitioner intends to introduce at
trial.

35. To the extent not requested above, all documents relating to any of the allegations
in the Verified Complaint, any of the allegations in Defendant’s Verified Answer
with Counterclaims, any of the allegations in the Verified Petition and/or relevant
to any claim or defense in the pending Action and Special Proceeding.

DEMAND FOR STATEMENTS

PLEASE TAKE NOTICE that pursuant to § 3101(e) of the C.P.L.R., and to the extent not

already provided, Plaintiff hereby demands that Defendant/Petitioner furnish, within thirty (30)

days of the service of this demand, a true and exact copy to the undersigned of any statement

(taken, signed, or recorded) of Plaintiff or its Board Members.

DEMAND FOR WITNESSES

PLEASE TAKE NOTICE, that the undersigned hereby demands, pursuant to CPLR

§3101(a), and to the extent not already provided, that you set forth, in writing and under oath, the

name and address of each person claimed by any party you represent to be a fact witness to any of

the allegations contained in the Verified Complaint, Defendant’s Verified Answer with

Counterclaims, and/or Verified Petition.

In the event of failure or refusal to comply with this Demand, Plaintiff shall seek to

preclude the testimony of any parties in relation to the documentation sought herein.

DEMAND FOR EXPERT WITNESS INFORMATION

PLEASE TAKE NOTICE that pursuant to §§ 3101 of the C.P.L.R., Defendant/Petitioner

is hereby required to produce and permit discovery by Allyn & Fortuna LLP, attorneys for

Plaintiff, as follows:

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a. The identity of every person whom you expect to call as an expert witness at trial;

b. The production of (in reasonable detail) the subject matter on which such experts

are expected to testify;

c. The substance of the facts and opinions on which such experts are expected to

testify;

d. The qualifications and CV of each expert witness;

e. A summary of the grounds for each such expert opinion;

f. All documents supplied or to be supplied to any expert you expect to call to testify

at any hearing or trial held in the above-captioned matter;

g. The report of any expert who will or is intended to provide expert opinion or

testimony in the above-captioned matter, and any and all drafts thereof.

PLEASE TAKE FURTHER NOTICE that Plaintiff will object to the attempted

introduction of any proposed testimony or witnesses relating to the above material, information,

etc., into evidence at trial of this action if you fail to comply with this Demand.

PLEASE TAKE FURTHER NOTICE that the foregoing demands are continuing demands.

In the event any of the above items are obtained after service of this Demand, or service of a

response hereto, they are to be furnished to the undersigned forthwith.

Dated: May 8, 2024
ALLYN & FORTUNA LLP

By: __/s/ Paula Lopez________________
Paula Lopez
Nicholas Fortuna
Attorneys for Plaintiff
400 Madison Avenue, Suite 10D
New York, New York 10017
(212) 213-8844
plopez@allynfortuna.com
nfortuna@allynfortuna.com

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TO:
Leech Tishman Robinson Brog PLLC
Attorneys for Defendant/Petitioner
875 Third Avenue, 9th Flr
New York, New York 10022
mgreene@leechtishman.com
dezraty@leechtishman.com

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Document Filed Date

May 08, 2024

Case Filing Date

August 24, 2023

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Document for Ohel Elozer, A New York Religious Corporation d/b/a BE'ER HATORAH v. Baruch Tabak

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