Preview
FILED: ERIE COUNTY CLERK 11/10/2020 05:27 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/10/2020
STATE OF NEW YORK
COUNTY OF ERIE : ERIE COUNTY SUPREME COURT
CORNERSTONE COMMUNITY FEDERAL CREDIT UNION,
Plaintiff, INTERROGATORIES
vs.
index No. 809444/2020
LYNNE SMITH and ROBERT SMITH,
Defendant(s). ASSIGNED JUDGE:
Hon.
PLEASE TAKE NOTICE THAT, pursuant to CPLR 3130, the following
Interrogatories are here propounded to Defendant(s), LYNNE SMITH and ROBERT
SMITH, by Plaintiff, to be answered by you, upon oath, in accordance with CPLR 3133.
INSTRUCTIONS
A. In answering these Interrogatories, please furnish all requested
information, not subject to a valid objection, that is known by, possessed by, or available
to you or any of your attorneys, accountants, consultants, representatives, employees,
agents, trustees and all others acting on your behalf.
B. If you are unable to answer fully any of these Interrogatories, please
answer each item to the fullest extent possible specifying the reascñ(s) for your inability
to answer the remainder and stating whatever information, kñcwledge or belief you
have concerning the unanswerable portion.
C. All of the foregoiñÿ Interrogatories request continuous answers and, as
such, request timely supplemental answers by you in the event that, prior to final
disposition of this action, additional relevant inferination comes to the attention of, or
becomes available to you, your attorneys, consultants, representatives, agents or any
other person acting on your behalf. Please promptly amend any answer when it is
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discovered to have been incorrect when made or it is discovered to be no longer true
and circumstances are such that a failure to amend is in substance a knowing
concealment.
D. For each Interrogatory and sub-part to each interrogatory, if the
information furnished in your answer is not within your personal kñcwledge, identify
each person to whom the information is a matter of personal knowledge, ifknown.
E. For each Interrogatory and sub-part to each Interrogatory, reference to the
Plaintiff includes any agent of Plaintiff; the Plaintiff(s) also refers to any entity who may
have assigned any claim to the named Plaintiff(s), and any assignor noted in the
caption.
F. For each intericgatcry and sub-part to each Interrogatory, reference to the
Defendant includes any agent of Defendant; the Defendant or Defeñdañt(s) also refers
to any named co-Defendant, with said co-Defendant being specifically identified ifsaid
question refers to said co-Defendant.
Concerning the subject-matter of this action:
1. Please state your full name, age, residence, busiñéss or occupation, and
business address, and ifDefendant is a business, relation to Defendant.
2. Have Defendant(s) had business or financisi dealings with the Plaintiff? If so,
describe fully and in detail as they may concern the Complaint and any defense or
counterclaim that Defendant(s) may claim to have.
3. Please state the dates, time, and names of persons involved, and content of any
oral or written communicaticñs (specifying which) between the Plaintiff or Plaintiff's
Defendant(s)'
agent (specifying whom) and the Defendant(s) or agent (specifying
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whom).
4. State fully and in detail: (a) whether the Defendant(s) are indebted to the Plaintiff
in any sum whatsoever; (b) how the Defendant(s) arrive at said figure, giving reasons
therefor; and (c) each and every payment made by Defeñdañt(s) to Plaintiff, including
amount, place and date of payment, and methcd of payment.
5. Have Defendant(s), or anyone for Defeñdant(s), prior to commencement of this
action, received statements indicating the amount set forth in the Complaint or any
amounts to be due to Plaintiff? If so, please detail time, date, place, names of
individuals involved and manner of receipt.
6. Have the Defendant(s) made any payments relative to any obligation or
transaction referenced in the Complaint? If so, please state the payment amount,
when, where, and to whom made, annexing copies of checks or receipts, if any, or
please disclose a time and place for discovery of same to the Plaintiff's counsel.
7. Have the Defendant(s) made any credits, allowañces, deducticñs, payment or
payments on account for which the Defendant(s) received no credit? Ifso, please state
fully and in detail as to each such credit, allowance, deduction or payment.
8. Have the Defendant(s) ever stated to the Plaintiff, or anyone or other entity or
individual, that the Defendant(s) owed the Plaintiff any amounts, and would pay the
same? Piêase detail time, date, place, names of individuals involved and manner of
contact.
Defendañt(s)'
9. Has the Plaintiff ever stated to the Defendant(s), or anyone on the
behalf, that the Defendant(s) did not owe the Plaintiff any amounts alleged in the
Complaint? Please detail time, date, place, names of individuals involved and maññer
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of contact.
Defendant(s)'
10. Did the Defeñdant(s) or anyone on the behalf or at the request of
Defendant(s) (specifying whom) sign or in any other way execute any application for
loan/credit, loan note, or other credit agreement or instrument, relative to any credit
transaction with Plaintiff? If so, please state fully and in detail the circumstances under
which the Defendant(s) executed said instrument and delivered the same to the Plaintiff,
or anyone on the Plaintiff's behalf (specifying whom).
11. Did any Defeñdsñt(s) receive any monies or other credit from Plaintiff, specifying
dates and amounts, and manner of receipt.
12. Please state fully and in detail each and every fact with respect to each of the
following defenses, as well all statutes, laws, regulations and court decisions, with
specific references, and any provision in any document, relative to any defense which
the Defendant(s) claim as to:
a. failure to state a cause of action;
b. unclean hands;
c. laches;
d. non-compliance with the Statute of Frauds.
13. State what the Defendant claims is a reassnable hourly rate for Plaintiffs
attorneys.
14. Provide a justification for the hourly rate listed above.
15. State what the Defendant claims is a reascñable attorney fee for Plaintiffs
attorneys.
16. Provide a justification for the Defendant's classincation of a "reascñable attorney
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fee"
as addressed in Interrogatory #15.
DATED: November 10, 2020
Buffalo, New York naf
M ISSA OSTROWSKI
ILE I & OSTROWSKl, LLP
Attorney(s) for Plaintiff
1 DELAWARE ROAD, SUITE 110
BUFFALO, NY 14217
Phone: (716) 838-4300
Fax: (716) 204-9728
TO: Timothy Hiller Esq
Attorney(s) for Defendant(s)
6000 North Bailey Ave Ste 1A
NY 14226-
Amherst,
This communication is from a debt collector. The debt collector is attempting to collect
a debt, and any information obtained will be used for that purpose.
number-
Our file 20172015©
5 of 5
Preview
FILED: ERIE COUNTY CLERK 11/10/2020 05:27 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/10/2020 STATE OF NEW YORK COUNTY OF ERIE : ERIE COUNTY SUPREME COURT CORNERSTONE COMMUNITY FEDERAL CREDIT UNION, Plaintiff, INTERROGATORIES vs. index No. 809444/2020 LYNNE SMITH and ROBERT SMITH, Defendant(s). ASSIGNED JUDGE: Hon. PLEASE TAKE NOTICE THAT, pursuant to CPLR 3130, the following Interrogatories are here propounded to Defendant(s), LYNNE SMITH and ROBERT SMITH, by Plaintiff, to be answered by you, upon oath, in accordance with CPLR 3133. INSTRUCTIONS A. In answering these Interrogatories, please furnish all requested information, not subject to a valid objection, that is known by, possessed by, or available to you or any of your attorneys, accountants, consultants, representatives, employees, agents, trustees and all others acting on your behalf. B. If you are unable to answer fully any of these Interrogatories, please answer each item to the fullest extent possible specifying the reascñ(s) for your inability to answer the remainder and stating whatever information, kñcwledge or belief you have concerning the unanswerable portion. C. All of the foregoiñÿ Interrogatories request continuous answers and, as such, request timely supplemental answers by you in the event that, prior to final disposition of this action, additional relevant inferination comes to the attention of, or becomes available to you, your attorneys, consultants, representatives, agents or any other person acting on your behalf. Please promptly amend any answer when it is 1 of 5 FILED: ERIE COUNTY CLERK 11/10/2020 05:27 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/10/2020 discovered to have been incorrect when made or it is discovered to be no longer true and circumstances are such that a failure to amend is in substance a knowing concealment. D. For each Interrogatory and sub-part to each interrogatory, if the information furnished in your answer is not within your personal kñcwledge, identify each person to whom the information is a matter of personal knowledge, ifknown. E. For each Interrogatory and sub-part to each Interrogatory, reference to the Plaintiff includes any agent of Plaintiff; the Plaintiff(s) also refers to any entity who may have assigned any claim to the named Plaintiff(s), and any assignor noted in the caption. F. For each intericgatcry and sub-part to each Interrogatory, reference to the Defendant includes any agent of Defendant; the Defendant or Defeñdañt(s) also refers to any named co-Defendant, with said co-Defendant being specifically identified ifsaid question refers to said co-Defendant. Concerning the subject-matter of this action: 1. Please state your full name, age, residence, busiñéss or occupation, and business address, and ifDefendant is a business, relation to Defendant. 2. Have Defendant(s) had business or financisi dealings with the Plaintiff? If so, describe fully and in detail as they may concern the Complaint and any defense or counterclaim that Defendant(s) may claim to have. 3. Please state the dates, time, and names of persons involved, and content of any oral or written communicaticñs (specifying which) between the Plaintiff or Plaintiff's Defendant(s)' agent (specifying whom) and the Defendant(s) or agent (specifying 2 of 5 FILED: ERIE COUNTY CLERK 11/10/2020 05:27 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/10/2020 whom). 4. State fully and in detail: (a) whether the Defendant(s) are indebted to the Plaintiff in any sum whatsoever; (b) how the Defendant(s) arrive at said figure, giving reasons therefor; and (c) each and every payment made by Defeñdañt(s) to Plaintiff, including amount, place and date of payment, and methcd of payment. 5. Have Defendant(s), or anyone for Defeñdant(s), prior to commencement of this action, received statements indicating the amount set forth in the Complaint or any amounts to be due to Plaintiff? If so, please detail time, date, place, names of individuals involved and manner of receipt. 6. Have the Defendant(s) made any payments relative to any obligation or transaction referenced in the Complaint? If so, please state the payment amount, when, where, and to whom made, annexing copies of checks or receipts, if any, or please disclose a time and place for discovery of same to the Plaintiff's counsel. 7. Have the Defendant(s) made any credits, allowañces, deducticñs, payment or payments on account for which the Defendant(s) received no credit? Ifso, please state fully and in detail as to each such credit, allowance, deduction or payment. 8. Have the Defendant(s) ever stated to the Plaintiff, or anyone or other entity or individual, that the Defendant(s) owed the Plaintiff any amounts, and would pay the same? Piêase detail time, date, place, names of individuals involved and manner of contact. Defendañt(s)' 9. Has the Plaintiff ever stated to the Defendant(s), or anyone on the behalf, that the Defendant(s) did not owe the Plaintiff any amounts alleged in the Complaint? Please detail time, date, place, names of individuals involved and maññer 3 of 5 FILED: ERIE COUNTY CLERK 11/10/2020 05:27 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/10/2020 of contact. Defendant(s)' 10. Did the Defeñdant(s) or anyone on the behalf or at the request of Defendant(s) (specifying whom) sign or in any other way execute any application for loan/credit, loan note, or other credit agreement or instrument, relative to any credit transaction with Plaintiff? If so, please state fully and in detail the circumstances under which the Defendant(s) executed said instrument and delivered the same to the Plaintiff, or anyone on the Plaintiff's behalf (specifying whom). 11. Did any Defeñdsñt(s) receive any monies or other credit from Plaintiff, specifying dates and amounts, and manner of receipt. 12. Please state fully and in detail each and every fact with respect to each of the following defenses, as well all statutes, laws, regulations and court decisions, with specific references, and any provision in any document, relative to any defense which the Defendant(s) claim as to: a. failure to state a cause of action; b. unclean hands; c. laches; d. non-compliance with the Statute of Frauds. 13. State what the Defendant claims is a reassnable hourly rate for Plaintiffs attorneys. 14. Provide a justification for the hourly rate listed above. 15. State what the Defendant claims is a reascñable attorney fee for Plaintiffs attorneys. 16. Provide a justification for the Defendant's classincation of a "reascñable attorney 4 of 5 FILED: ERIE COUNTY CLERK 11/10/2020 05:27 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/10/2020 fee" as addressed in Interrogatory #15. DATED: November 10, 2020 Buffalo, New York naf M ISSA OSTROWSKI ILE I & OSTROWSKl, LLP Attorney(s) for Plaintiff 1 DELAWARE ROAD, SUITE 110 BUFFALO, NY 14217 Phone: (716) 838-4300 Fax: (716) 204-9728 TO: Timothy Hiller Esq Attorney(s) for Defendant(s) 6000 North Bailey Ave Ste 1A NY 14226- Amherst, This communication is from a debt collector. The debt collector is attempting to collect a debt, and any information obtained will be used for that purpose. number- Our file 20172015© 5 of 5