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  • Yvette Mcclamb v. Housing Partnership Development Corporation, Kalahari Condominium, The Board Of Managers Of Kalahari Condominium, Wallack Management Co., Inc., Rnc Industries, Llc, West New York Restoration Of Ct, Inc.Torts - Other Negligence (Premises Trip and Fall) document preview
  • Yvette Mcclamb v. Housing Partnership Development Corporation, Kalahari Condominium, The Board Of Managers Of Kalahari Condominium, Wallack Management Co., Inc., Rnc Industries, Llc, West New York Restoration Of Ct, Inc.Torts - Other Negligence (Premises Trip and Fall) document preview
  • Yvette Mcclamb v. Housing Partnership Development Corporation, Kalahari Condominium, The Board Of Managers Of Kalahari Condominium, Wallack Management Co., Inc., Rnc Industries, Llc, West New York Restoration Of Ct, Inc.Torts - Other Negligence (Premises Trip and Fall) document preview
  • Yvette Mcclamb v. Housing Partnership Development Corporation, Kalahari Condominium, The Board Of Managers Of Kalahari Condominium, Wallack Management Co., Inc., Rnc Industries, Llc, West New York Restoration Of Ct, Inc.Torts - Other Negligence (Premises Trip and Fall) document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------- -----x YVETTE MCCLAMB, Index No. 154374/2018 (ECF) Plaintiff, v. HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI Assigned Judge: Lynn R. Kotler CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. ----------------------------------------------------------------X DEMAND FOR INCOME INFORMATION AND AUTHORIZATION OF IRS RECORDS COUNSELOR(S): PLEASE TAKE NOTICE that, pursuant to CPLR Section 3120, demand is hereby made of Plaintiff Yvette McClamb produce at the undersigned's office within thirty (30) days after the date of service of this demand, the following items for discovery, inspection and copying: 1. True and accurate copies of documentation reflecting income earned by Plaintiff for three (3) years prior, the year of and one (1) year subsequent to the occurrence alleged in Plaintiff's Verified Complaint, including, but not limited to, W-2 Forms, 1099 Forms, and any other indicia of income earned; 2. True and accurate copies of Federal, State and City Income tax returns for Plaintiff for three (3) years prior, the year of, and one (1) year subsequent to the occurrence alleged in Plaintiff's Verified Complaint; and 3. Duly executed and acknowledged written authorizations required to permit Defendant to obtain Internal Revenue Service Records, documents and returns relative to Plaintiff for the years specified herein. # 3766749 v. 2 1 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/02/2019 PLEASE TAKE FURTHER NOTICE that your failure to comply with this demand will serve as the basis of a motion seeking an order, in whole or in part, precluding the Plaintiff from introducing into evidence and for otherwise using the above-demanded items for any purpose whatsoever upon the trial of this action. Dated: January 2, 2019 New York, New York Yours, tc. Scott H. Bernstein, Esq. STRADLEY RONON STEVENS & YOUNG, LLP ATTORNEYS FOR CROSS-CLAIMANT-DEFENDANT, WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 Telephone: (212) 812-4132 Facsimile: (646) 682-7180 Sbernstein@stradley.com TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB Jeremy A. Hellman, Esq. 551 Fifth Avenue, 29th Floor New York, New York 10176 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT RNC INDUSTRIES, LLC Kenneth J. Kutner, Esq. 60 Broad Street, Suite 3600A New York, New York 10004 MARGARET G. KLEIN & ASSOCIATES ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC. Carol Morell, Esq. 200 Madison Avenue, 2nd Floor New York, New York 10016 2 # 3766749 v. 2 2 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/02/2019 DEVITT SPELLMAN BARRETT, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT HOUSING PARTNERSHIP DEVELOPMENT CORPORATION Kelly E. Wright, Esq. 50 Route 11, Suite 314 Smithtown, New York 11787 3 # 3766749 v. 2 3 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/02/2019 - 4506 Request for Copy of Tax Retum (September2018) Þ Do not sign form this unless all applicable lineshave been comp:G‡6d. OMB No. 1545-0429 Request may be rejectedif the formisincomp!cta orillegible. Departmentof the Treasury IntemalRevenueService F For more infe=tice about Form 4506, visit www.irs Gr"G;m4506. Tip.You may be able toget your tax returnor retuminformation fromothersources.If you had your tax return completed by a paidpreparer, they shouldbe able toprovideyou a copy of thereturn. The IRS canprovidea Tax Return Transcriptformany retumsfreeof charge.The transcript providesmost of the from line entries the original taxretum and usuallycontains the information thata thirdparty(suchas a mortgagecompany) requires. See Form 4506-T, Request forTranscriptof TaxRetum, or you can quickly requesttranscripts by using our automated service self-help Transcript..." Please visit us at IRS.gov and click on "Get a Tax tools. or call 1-800-908-9946. 1a Name shown on tax return. If a joint retum,enter the name shown first. 1b Firstsocial number security on taxretum, taxpayer individuai ident5cationnumber, or employer number identification (see instM~a 2a retum, enter spouse's If a joint name shown on tax retum. 2b Second social securitynumber or taxpayer ide-t™'cf -. number if joint taxreturn 3 Currentname, address apt., room, or suite no.), city, state, (including and ZIP code(see instructions) 4 Previous address shown on the last return filed if different fromline 3 (see instructions) 5 If the tax return is to be mailed to a third party (such as a mortgage company),enter the third party's name, address,and telephone number. Caution:If the tax retum is being mailed to a third party, ensure that you have filled in lines 6 and 7 before signing. Sign and date the form once you have filled in these lines. Completing these steps helps to protect your privacy. Once the IRS discloses your tax return to the third party listed on line 5, the IRS has no control over what the third If you would party does with the information. like to limit the third party's to disclose authority your return you can specify information, this limitation in your written agreementwith the third party. 6 Tax retum requested. Form 1040,1120, 941, etc.and allattachments as submitted originally to the IRS, Form(s) including W-2, schedules,or amended returns.Copiesof Forms 1040, 1040A,and 1040EZ are available generally for7 yearsfrom before filing theyare destroyed by law.Otherreturnsmay be available fora longerperiodof time. Enter onlyone returnnumber. If youneed more thanone type of retum, you must complete anotherForm 4506. Note:If the copies must be certified for court or administrative proceedings,checkhere . - - . . . - . . . . . . . . 7 Year or period requested. Enter the ending date of the year or period, format. using the mm/dd/yyyy If you are requesting more than eight years or periods, you must attach another Form 4506. 8 Fee. There is a $50 fee for each retum requested.Full paymentmust be included withyour requestor it wili your order to"United Treasury."Enteryour be rejected. Make check or money payable States SSN, iTIN, or EIN and "Form4506 request"on yourcheck or money order. a Cost for each return . . . - . . . . - . . . . . . . . . , . . . . . . . . $ 50.00 b Number of returns requested on line 7 .. . . . . - . . . . . - . . . . - - . . . c Total cost. . line 8a by line 8b Multiply . - . . . . . . - - . . . . . . - . . . . $ 9 find the tax return, we will refund the fee. If the refund should If we cannot go to the third partylisted on 5, check line here . . . . . Caution:Do not sign this form unless all applicable lines have been completed. Gignature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1a or 2a, or a person authorized to obtain the tax retum requested. If the request applies to a joint retum, at least one spouse must sign. If signed by a corporate officer, 1 percent or more shareholder, partner, managing member, guardian, tax matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute Form 4506 on behalf of the taxpayer. Note: This form must be received by IRS within 120 days of the signature date. O Signatory attests thathe/she has read the attestationclause and upon so reading declares that he/she has the tosign the Form 4506. See instructions. Phone number of taxpayer on line 25thGEig 1a or 2a Sign signature(seeinstructions) Date Here Title (if Une1a above is a corporation, partnership,estate, or trust) Spouse's signature Date For PrivacyActand Papemark Reduction Act Notice,see page2. Cat. No. 41721E Form4506 (Rev.9-2018) 4 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/02/2019 Form 4506 (Rev.9-2018) Page 2 Sectionreferencesareto the InternalRevenueCode Chart for allother returnS Ceme="e= Generally,Form 4506 can be unlessotherwisenoted. signed by: (1) an officer having legal authority to bind If you in lived the corporation, (2)any persondesignated by the Future Developments or yourbuctecc Mail to: board of directors or other governingbody, or (3) was in: & .y officer or employeeon written request by any .For the latest informationabout Form 4506 and its pnncipal officer and attested to by the secretary or instructions, go to www.irs.gov/form4506^ other officer. A bona fide shareholderof record informationabout any recent developmentsaffecting Alabama,Alaska, Form 4506, Form 4506-Tand Form 4506T-EZwill be owning 1 percent or more of the outstanding stock Arizona,Arkansas, of the corporation may submit a Form 4506 but must posted on that page. California,Colorado, provide documentationto support the requester's Connecticut, Delaware, right to receivethe information. General Instructions District of Columbia, Florida,Georgia,Hawaii, Partnerships. Generally,Form 4506 can be Caution: Do not sign this form unlessall applicable Idaho, Illinois, Indiana, signed by any personwho was a memberof the lines have been completed· lowa, Kansas,Kentucky, partnershipduring any part of the tax period Purpose of form. Use Form 4506 to requesta copy Louisiana,Maine, requestedon line 7. of your tax return.You can also designate(on line 5) Maryland, AHothers. Seesection 6103(e)if the taxpayer has a third party to receivethe tax return. Massachusetts, died, is insolvent, is a dissolved corporation, or if a How long will it take? It may take up to 75 Michigan, Minnesota, trustee, guardian,executor, receiver,or calendardays for us to processyour request. Mississippi, admimstratoris acting for the taxpayer. Missouri, Montana, Tip. Use Form 4506-T, Requestfor Transcriptof Tax Note: If you are Heir at law, Next of kin, or Nebraska,Nevada, New Return,to requesttax return transcripts, tax account Hampshire,New Jersey, Beneficiaryyou must be able to establisha material information,W-2 information, 1099 information, New Mexico, New York,InternalRevenueService interest in the estate or trust. verificationof nonfiling, and records of account. North Carolina, RAlVSTeam Documentation. For entitiesother than individuals, Astc:=t=rl transcript request. You can quicklyNorth Dakota,Ohio, P.O.Box 9941 you must attach the authorizationdocument. For Oklahoma,Oregon, requesttranscripts by using our automated self-help Mail Stop 6734 example,this could be the letter from the principal Pennsylvania,Rhode servicetools. Pleasevisit us at IRS.govand click on Ogden, UT 84409 officer authorizing an employeeof the corporation or "Get a Tax Transcript..." or call 1-800-908-9946. Island, South Carolina, the letters testamentaryauthonzingan individualto South Dakota act for an estate. Where to file. Attach paymentand mail Form 4506 Tennessee Texas Utah - to the address below for the state you lived in, or the Signature by a representative. A representative state your businesswas in, when that return was 9 a' can sign Form 4506 for a taxpayer only if this Washington,West filed. Therearetwo address charts: one for authority has been specifically delegatedto the individualreturns (Form1040 series)and one for all representativeon Form 2848, line 5. Form 2848 yoming, areign other returns showing the delegation must be attached to Form country, American 4506. If you are requestinga returnfor more than one Samoa, Puerto Rico, year or period and the chart below shows twoGuam, the different addresses,send your requestto the Commonwealthof the Privacy Act and Paperwork Reduction Act address basedon the address of your most recent NorthernMariana Notice. We ask for the informationon this form to return. establishyour right to gain access to the requested islands, the U.S.Virgin adorA O. or return(s)under the InternalRevenueCode. We need Chart for individual returns F.I O. this informationto properly identify the return(s)and respond to your request. If you requesta copy of a (Form 1040 series) taxreturn, sections 6103 and 6109 requireyou to If you filed an provide this information, including your SSNor EIN, to process yourrequest. If you do not providethis individual return Mail to-- Specific Instructions . information, we may not be able to processyour and livedin: Line 1b. Enteryour employeridentification number request. Providing false or fraudulentinformation Alabama,Kentucky (EIN)if you are requesting a copy of a business may subject you to penalties. Louisiana,Mississippi, return. Otherwise, enterthe first social security number (SSN)or your individualtaxpayer Routineuses of this informationinclude giving it to Tennessee,Texas,a the Departmentof Justice for civil and criminal foreigncountry, American InternalRevenueService identification number (ITIN)shown on the return. For litigation, and cities, states, the District of Columbia, Samoa,Puerto Rico, RAlVSTeam example, if you are requesting Form 1040thatand U.S.commonwealthsand possessionsfor use Guam,the includes ScheduleC (Form 1040),enter your SSN. Stop 6716AUSC in administeringtheir tax laws. We may also Commonwealthof the Austin,TX 73301 Line 3. Enteryour current address. If you use a P.O. disclosethis informationto other countries under a NorthernMarianaIslands, box, pleaseinclude it on this line 3. tax treaty, to federaland state agenciesto enforce the U.S.Virgin Islands,or federalnontax criminal laws, or to federal law Line 4. Enterthe addressshown on the last return A.P.O.or F.P.O.address enforcementand intelligenceagenciesto combat filed if different from the address enteredon line 3. terrorism. Alaska,Arizona, Note: If the addresseson lines 3 and 4 are different . Arkansas,California, and you havenot changedyour addresswith the You are not requiredto providethe information Colorado,Hawaii,Idaho, IRS, file Form 8822, Changeof Address. For arequestedon a form that is subject to the Paperwork Illinois,Indiana,Iowa, business address, file Form 8822-B, ChangeofReductionAct unlessthe form displays a valid OMB Kansas,Michigan, IntemalRevenueService Address or ResponsibleParty - Business. control number. Books or records relating to a form Minnesota,Montana, RAlVSTeam or its instructions must be retainedas long as their Signature and date. Form4506 must be signed and contents may become materialin the administration dated by the taxpayer listed on line 1a or 2a. The of any Internal Revenuelaw. Generally,tax returns Mexc North Dakoa resno CA 93888 IRSmust receiveForm 4506 within 120days of the O lahoma,Oregon, and return informationare confidential, as required date signed by the taxpayer or it will be rejected- South Dakota,Utah, by section 6103. Ensurethat all applicable linesare completed before Washington,Wisconsin, signing. Thetime neededto complete and file Form 4506 Wyoming will vary depending on individualcircumstances.The Youmust check the box in the estimatedaveragetime is: Learning about the law ConnecM' or the form, 10 min.; Preparing the form, 16 min.; signatureareato acknowledgeyou Delaware,District of and Copying, assembling, and sending the form Columbia,Florida, havethe authority to sign and request to the IRS, 20 min. Georgia,Maine, the information.Theform will not be Maryland, processedand retumed to you if the box is If you have comments concerning the accuracy of InternalRevenueService these time estimatesor suggestionsfor making Massachusetts, RAIVSTeam unchecked. Form 4506 simpler, we would be happy to hearfrom pshire New Jersey Stop 6705 P-6 Individuals. Copies of jointly filed tax returns may you. You can write to: ansas , MO be fumishedto either spouse. Only one signatureis New York, North 64999 InternalRevenueService Carolina,Ohio, required. Sign Form 4506 exactly as your name Tax Forms and PublicationsDivision Pennsylvania,Rhode appearedon the original return. If you changed your 1111Constitution Ave. NW, IR-6526 island, South Carolina, name,also sign your current name- Washington, DC 20224. Vermont,Virginia,West Virginia Do not send the form to this address. Instead,see Whereto tile on this page. 5 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 154374/2018 YVETTE MCCLAMB, Plaintiff, -against- HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THEBOARDOF MANAGERSOFKALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. DEMAND FOR INCOME INFORMATION AND AUTHORIZATION OF IRS RECORDS STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 (telephone) Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York certifies upon information and and reasonable the contentions contained State, that, belief inquiry, in the annexed document are not frivolous. Dated: January __Â 2019 Signature: Scott H. Bernstein 6 of 6