Preview
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.
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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.
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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
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
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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
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
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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
- 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-tâ„¢'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)
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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
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.
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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
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
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