Preview
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
CORNERSTONE COMMUNITY FEDERAL CREDIT UNITION
Plaintiff,
-vs-
Index No. 80944/2020
LYNNE SMITH
And
ROBERT SMITH
Defendants.
DEFENDNAT LYNN AND ROBERT SMITH'S RESPONSE TO PLAINTIFF'S FIRST
NOTICE TO PRODUCE AND MISCELANEOUS DEMANDS
Defendants, Lynne and Robert Smith, respond to Defendant's First Set of Interrogatories as
follows:
General Objections
1. Defendants object tot Plaintiff's First Notice to Produce to the extent that they seek
information not known to Defendant.
2. Defendants object to Plaintiff's FirstNotice to Produce to the extent that they call for
information beyond the scope of the above captioned litigation.
3. Defendants have not completed their investigation, have not completed discovery, and have
not completed trial preparation. Defendants base their responses coñtained herein on their
knowledge, information, and belief at this time and reserve the right to supplement
responses to these discovery requests to the extent necessary and appropriate.
4. In providing these objections, and in the response to Plaintiff's First Notice to Produce,
Defendants do not in any way waive, or intend to waive, but rather intend to preserve and is
preserving:
a. All objections as to competence, relevancy, materiality, and admissibility of the
Notice (or responses) or the subject matter thereof;
b. All objections to vagueñêss, ambiguity, and undue burden;
1 of 15
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
c. All rights to object on any ground to the use of and any of said documents or
responses, or the subject matter thereof, in any subsequent proceeding, including
trialof this or any other action; and,
d. All rights to object on any ground to any request or further responses to these or any
other interrogatory requests, or other discovery requests involving or related to the
subject matter of these discovery requests.
5. The inadvertent or mistaken production of documents or statements subject to the
protections of the attorney-client privilege, work product doctrine, or other privilege shall
not constitute a general, inadvertent, implicit, subject matter, separate, independent, or other
waiver of such privilege or protection, and does not put in issue or constitute the affirmative
use of the advice or counsel or any privileged communications. All such inadvertently
Defendants'
produced document(s) or statements shall be returned to counsel, along with
any copies made thereof.
RESPOSNE TO FIRST NOTICE TO PRODUCE AND MISCELANEOUS
DEMANDS
1. Please be advised that Defendants object to this request as overbroad and unduly
burdensome. Defendants also object to this demand as vague. It isnot clear how a copy
of a statement Plaintiff gave could be produced if itwas not reduced to writing. Without
waiving these objections, Defendants are not in possession, custody, or control of any
responsive statements.
2. Please be advised that Defendants object to this demand as vague. It isnot clear what is
litigation."
meant by the "subject matter of this Without waiving that objection,
Defendants have provided a copy of their agreement to purchase an RV.
3. Please be advised that Defendants object to this demand as overbroad, unduly
burdensome, and vague. At this early stage in the litigation, itis not clear what claims
and defenses Defendant will be making, other than those which were plead in
Defendants'
answer. Without waiving this objection, Defendants disclose allof the
documents produced to Defendants by Plaintiff; as well as all of the documents produced
along with this response.
4. Please be advised that Defendants object to this demand as vague. It isnot clear how
"meetings."
Defendants could produce As such, no answer is forthcoming.
5. Please be advised that Defendants object to this demand as overly broad and unduly
burdensome. Because of Plaintiff's delay in bringing this action, the dates and times of
any phone conversation with Plaintiff (or agents/employees of Plaintiff) are difficult for
2 of 15
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
Defendants to ascertain. Additionally, itis exceedingly unlikely that any phone records
Defendants' provider-
would have been retained through the present day by telephone
given the delays of Plaintiff in this action. Defendants also object to this demand
bringing
action"
as vague insomuch as it isnot clear what "concerning this means.
6. Please be advised that Defendants object to this demand as premature, overbroad, and
inappropriate at this stage of the litigation. Defendants have not yet determined what
documents they will introduce at trialand will avail themselves of all rules under the
CPLR for disclosing these documents.
7. Please be advised that Defendants object to this demand as seeking matters covered by
marital privilege, work product, and attorney client privilege insomuch as it seeks
correspondences between the Defendants themselves. As itpertains to correspondences
between Defendants and Plaintiff, all such correspondences have been provided (with the
exception of emails sent between attorneys for Defendants and Plaintiff concerning this
matter).
8. Please be advised that Defendants object to this demand as overly broad and unduly
burdensome. As written, the demand would seek any demand for payment made by
Plaintiff, even if not directed towards the Defendants. Please also be advised that
Defendants object on the grounds of undue delay. If Plaintiff had not waited so long to
bring this action, Defendants may have been able to produce responsive documents.
Without waiving that objection, Defendants are not in possession, custody or control of
any responsive materials other than those provided to them by Plaintiff through discovery
in this action.
9. Please be advised that Defendants object on the grounds of undue delay. If Plaintiff had
not waited so long to bring this action, Defendants may have been able to produce
responsive documents. Without waiving that objection, Defendants are not in
possession, custody or control of any responsive materials other than those provided to
them by Plaintiff through discovery in this action.
10. Please be advised that Defendants object on the groüñds of undue delay. If Plaintiff had
not waited so long to bring this action, Defendants may have been able to produce
responsive documents. Without waiving that objection, Defendants are not in
possession, custody or control of any responsive materials other than those provided to
them by Plaintiff through discovery in this action.
11. Please be advised that Defendants object on the grounds of undue delay. If Plaintiff had
not waited so long to bring this action, Defendants may have been able to produce
responsive documents. Without waiving that objection, Defendants are not in
3 of 15
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
possession, custody or control of any responsive materials other than those provided to
them by Plaintiff through discovery in this action.
12. Please be advised that Defendants object on the grounds of undue delay. If Plaintiff had
not waited so long to bring this action, Defendants may have been able to produce
responsive documents. Without waiving that objection, Defendants are not in
possession, custody or control of any responsive materials other than those provided to
them by Plaintiff through discovery in this action.
13. Please be advised that Defendants object to this demand as vague insomuch as the term
action"
"subject of this is not defined. Without waiving that objection, please see the
attached agreement concerning an RV.
14. Please be advised that Defendants object to this demand as premature. Defendants have
not yet ascertained which expert(s), ifany, that they will retain for trialand will avail
themselves of their rights and privileges under the CPLR for disclosing any such expert.
15. Please be advised that Defendants object to this demand as vague insomuch as the
litigation"
"subject of this is not defined. Please also be advised that Defendants object
on the grounds of undue delay. If Plaintiff had not waited so long to bring this action,
Defendants may have been able to produce responsive documents. Without waiving
those objections, Defendants are not in possession, custody or control of any responsive
materials other than those provided to them by Plaintiff through discovery in this action.
16. Please be advised that Defendants object to this demand as vague insomuch as the
litigation"
"subject of this is not defined. Please also be advised that Defendants object
on the grounds of undue delay. If Plaintiff had not waited so long to bring this action,
Defendants may have been able to produce responsive documents. Finally, please be
advised that Defendants object to this demand as calling for documents covered by the
attorney client privilege, the work product privilege, and the privilege extending to
documents prepared in the anticipation of litigation. Without waiving those objections,
Defendants are not in possession, custody or control of any responsive materials other
than those provided to them by Plaintiff through discovery in this action.
17. Please be advised that Defendants object to this demand as unduly burdensome. Without
waiving that objection, please see the attached documents.
18. Please be advised that Defendants are not aware of any collateral source.
19. Please be advised that Defendants disclose the parties, as well as agents of Plaintiff.
4 of 15
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
20. Please be advised that Defendants object to this demand as improper. This demand
improperly calls not merely for documents to be produced, but also for Defendants
prove."
opinion as to what documents "tend to Without waiving that objection,
Defendãñts refer Plaintiffs to all documents produced by either party during discovery.
21. Please be advised that Defendants object to this dersarid as an improper interrogatory
guised as a notice to produce documents. Additionally, the request is vague insomuch as
itasks for amounts of money that are being improperly collected. Itis not clear what
documents, items, or things could possibly be produced in response to this demand.
DATED: December 21, 2020 Is/Timothy Hiller, Esq
Timothy Hiller, Esq.
Law Offices of Kenneth Hiller, PLLC
Attorneys for the Defendant
6000 North Bailey Avenue, Ste. 1A
Amherst, NY 14226
(716) 564-3288
Email: thiller(dlkennethhiller.com
5 of 15
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
A Stock Company With Home Offices
m Bloomington,IMnois
PO Box 88o49
AnantaoAsasse·esor StateFarm
AT2 - 8-2218-FASE F H W
001634 3 RENEWAL DECLARATl0NS
SMITH, ROBERT C 8 LYNNE A
1080 BORDEN RD
DEPEW NY 14045-4605
AMOUNT DUE: None
u nm._nnu.._m m n ..na Payment isdue by TO BE PAID BY MORTGAGEE
-
'llllllll'Illl'lln-iii,
ii--·ruruwitrusiv
Policy Number: 32-BB-B286-3
Policy Period: 12 Months
Effective Dates: DEC 21 2019 to DEC 21 2020
The policyperiod begins and ends at 12:01am standard
time at the residence premises.
Your State Farm Agent
Homeowners Policy
JIM CORLEY
Location of Residence Premises 2156 S PARK AVE
1080 BORDEN RD NY
BUFFALO 14220-2232
DEPEW NY 14043-4605
Phone: (716}322-1239
Construction: Frame
Year Built: 1952
Automatic Renewal
If thePOIJCY PERICD is shown as 12 MONTHS, thispolicy will be renewed estematka"y subject to the premiums, rules,
and forms ineffect for each period. If this is terminated, we willgive you and the Mcitgagse/Lien-
succeeding policy policy
holder written notice incompliance with the policy provi::ionsor as required by law.
IMPORTANT MESSAGES
NOTICE: You will be receiving a second smislaps that will contain your new Policy Booklet and impaitant Notice
Regarding your New Policy. Please callyour agent if youhave any questions.
NOTICE: Information concerning changes in yourpolicy language is included. Please callyour agent with any qüëstisiis.
Zone: 23 Subzone: 13
Protection Class: 9
Please help us update the data used to determins your premium. Centect your agent with the year each of
your home's utilities
(heating/cacliiig, ;:c.t::;;,or electrical)and roof were lastupdated.
PREM1UM
Annual Premium $658.00
Your premium has already been adjusted by the following:
New York Tier Rating Lead Poison Excl
TotalPremium sess.co
Page 1of 4
Prepared DCT302019
o 0 420 totFlittBI M M 2HS
N G.J.TR.GB.GA
6 of 15
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
& State Farm
NAMED INSURED MDRTGAGEE AND ADDITIONAL INTERESTS
SMITH, ROBERT C & LYNNE A
ITS SUCCESSORS AND/OR ASSIGNS 0005165725
PO BOX 5738
SPRINGFIELD OH 45501-5738
SECTl0N I - PROPERTY COVERAGES AND UMITS
Coverage Limit of Liability
A Dwelling $ 229,700
Other Structures $ 22,970
Ordinance/Law - 10% $ 22,970
Building
B Personal Property $ 172,275
C Loss of Use $ 68,910
Fungus (including Mold) Limited Coverage $ 20,000
Additional Coverages
Credit Card, Bank Fund Transfer Card, Forgery, and Counterfeit Money $1,000
Debris Asmayal Additional 5% ava!!able!$1,000 tree debris
Fire Department Service Charge $500 per occurrence
Fuel Oll Release $10,000
Locks and Remote Devices $1,000
Trees, Shrubs, and Landscap|ñg 5% of Coverage A amount/$750 per item
SECTION II- UABIUTY COVERAGES AND UMITS
Coverage Limit of Uability
L Personal Liability(Each Occurrence) $ 300,000
Damage to the Property of Others $ 1,000
M Medical Payments to Others (Each Person) $ 5,000
INFLATION
!nf!at!onCoverage Index: 275.2
DEDUCTIBLES
Section I Dedectihts Deductible Amount
AllLosses $ 1,000
LDSS SETTLEMENT PRDVISIONS
A1 Replacement Cost - SimilarConstruction
B1 Limited Replacement Cost - Coverage B
2
7 of 15
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
RETAIL INSTALLMENT CONTRACT (MOTOR VEHICLE-NY)
CCFCU - CORNERSTONE COMMUNITY FCU
(SIMPLE INTEREST) . -
Dated 5 · .-: 2 C .. - . Account#
ANNUAL FINANCE Amount Financed TotalPayments Total Sale Price
PERCENTAGE RATE CHARGE The amount of credit provided
'Ihe amount you-will
have paid The total cost ofyour
purchaseon credit,
The cost of your credit as a to you or on your behalf
'The dollar amount the aAer you have made all scheduled
includin our down payment of
S
credit will cost you. payments. J.20 . O
yearly rare.
11 % S 1827 4 . 5 E(e) S 17 473 . 44 S 35 748 . 0 O (c) S 3 69 43 - OC
...
YOUR PAYMENT SCHEDULE WILL BE:
No. of Payments Amount of Payments When Payments Ãre Due You are giving a security interest in the Vehicle being pun:hased.
Security:
18 O S 19â . 60 Monthly,beginning be chargeda late fee of
Late Charge: If a payment is more than 15daya late, you will S20.
If you pay off carly, you will not have to pay a penalty.
Fr.¡::y•nent:
MIIng Fees: S 'ié
See below and any other
Contractdocuments forany:22 .;±feration about -y--st, any required
defatut, repayment befote
in full the
scheduleddate and prepaymentrefundsand penalties.
(e- aneans estimate) -. ... ......
In this Contract,_.- . . . . _ . in between Seber and
This Contsuct
theSELLER: 120 3 at-1we s tern 1 a .h 3mee a 17/ la
Baqyer. All disclosures have heen
made by seuer.sellerantends
to
Name Address Zip Code assign this Contract
to the Assignee.
You are LYHNE A SMIT E , RG EERT C 3MI TH
the BUYER (S): WEN K r.p H G4 : ,
Cash Price, Downpayment&Trade-In
Name(s) Address Zip Code
Cash Price
is more than one Buver. eachpromises. separately and tostether.to pav all sums due us and to perform all agrv9mets_in
tfthere
this Contract.. (Including accessories,service and
VEIUCLE: You have agreedto purchase, under the terms of this Contract, the following
"Vehicle"
motor vehicle, and its extra **È 3 su u
equipment, which is called the in this Contract..
N/U/D Year and Make M_odel Body Style No, Cyl.. Truck Ton Capacity Vehicle Identification
N_92 Value of Trade-in
Gi-r - BB'-
1UJB j0BN5E18BC294 sen fr
y
TRADE-IN, Lies Payoff to:
You have traded in
Iead••et= of AnnocentMnanced
the foMowing vehicle:
Year and Make Model Unpaid Cash Price Balance
owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf.
If a balance is still You warrant and g
representto us that any trade-in is Iree from liens, claims, meb=•ses
or security interests, except as shown in the "Cash1MW -N
Trade-In" AmmonutsPald to Others
on Year
Price, Downpayment and section as the emount of the "Lice
Payof)".
... BehaIP
Licens ags, and Registration
PROPERTY INSURANCE: $
In consideration for the granting of the loan applied for this date, J(we) agree, by my (our)
signature(s) on this document as BUYER, to provide and maintain in force Ibr the term of such loan, and any extension, or
To Credit Insurance Company
an insurance policy including
renewals thereof Compreb=:in coverage with maximum deduction of 5500.00
and Collision S N/A
Federal Credit Union, 6485 S. Transit Rd., P.O. Box 830,
with the Loss Payable Clause to the Cornerstone Comnmnity
Lockport, NY 14095-0530 at the earliest possible date. TO:
INSURANCE COMPANY: _,_ ________,_.____.____ Policy No.__ S N
Effective Date: ...
.... _,___ Initial Term
AGENT Name• Address: TO: _,
Phone:
In the event you fall to nmlntain
in force the above required Union will
Insurance, the Credit esenise it's
right
to provide TO:
a coDateral protection
policy which will
protectonly the Credit
Union'sinterest in the IInanced collateral.
The pmminm
for this police wGI be added to your
loan balance.
TO:
Promises About Insurance" section was obtained
You guarantee that the required insurance coverage as shown in the "Your
from the agent named above. If you do not purchase insurance in this Contract, then 1.iability insurance coverage for bodily
injury and property damage is not included or orovided for in this Contract TO:
S
CREDIT INSURANCE IS NOT REQUIRED: Insurance are not required to
Credit l.ife Inmrance and Credit Disability
obtain credit and is not a provision when signing this agreement.
To Seller for OAP Covenge
Insurance is available through Cornerstone Community Federal Credit Union in cmj":•di=
Credit Life and Credit Disability 4s N/ A
with CUNA MUIUAL GROUP - CUNA To obtain Credit I.ife or Credit Disability
Mutual Insurance Society. Insuance, d
pleasecontact Cornerstone C:==::4
Federal Credit Union at (716) 434-2290 to arrange for this coverage FOR:
S___ _..... __
8 of 15
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020
.
Retan inar•umw Contrnet(Motor - REVERSE SIDE OF ADDITIONAL TERMS de CONDITIONS
Vehicles-NY)
1. HOW THE TOTAL OF PAYMFNTS IS COMPUTED: The Total of
. ..s. -e) in connection with this Contract; or
You conunitted any forscry
Payment is the sum of the Amount Financed and the Finance Charge. The Finande
f) You die, ars convided Baud or dishonesty, or are found
of a crime involving
Charge consists solely of intatost computed daily on the o*rmling
balanceof the a court.with to
jurisdictiondosotobe or
incapacitated;
by
You lile bankruptcy or insolvency proceedings, or anyone files bankruptcy a
Amount Financed. The Finance Charge shown on the front side has beencomputed
g)
on the assumption that we will
receivo all paymenta on their scheduled due dates.
insolvency proceedings against you; or
2. COMPUTING INTERESTr We willcharge interest on a daily basis on the
h) You take the Vehicle outside the United Statesor Canada without our written
outstanding balance subject to interest on each day ofthe
loan term.
The daily consent; or
Yóu use the Vehicle or allow someone elseto use it in a way that causesit not
interest rate is equal to the Annual PercentageRate divided by the number of days in
i)
that calendar year.
Buyer agreesthat becauseinterest is calculated on a daily basis,
to be covered by your insurance; or
late payments will You do something or allow others to do something that causesdie Vehicle to
result in additional interest (and, if applicable, a late charge).
j)
be subject to confiscation by govemment authorities; or
Early payments will result in less interest being charged. Early and/or late payments
willcausethe amount ofthc
5nal paymerg to change. k) The Vehicle is lost, stolen, destroyed or damaged beyond economical repair,
3. EFFECT OF INSURANCE PREMIUMS ON THE ANNUAL a reasonable time; or
and not fixed or found within
PERCENTAGE RATE (APR) AND FINANCE CHARGE FOR LOANS l) Another creditor tries to take the Vehicle by legal process; or
OVER 60 MONTHS. You understand that if your loan is in excess of 60 months
m) Irinour judgment the prospect of payment, perferinance of this Contract, or
elected to purdiase group credit life and/or group credit
end you have voluntarily impaired; or
Vehicle is significantly
realization ofthe
group credit disability and/or group credit involuntasy unemployment
disability n) lien is filed against the Vehicle.
Any tax or other involuntary
insurance, such insurance coverage may be limited to the fast 60 months as
If a term greater than 60 months is indicated then the insurancepremium
indicated. 16. OUR RIGHTS IF YOU ARE INDEFAULT OF THIS CONTRACF: If you
We
are in Default of this Contract, we may enforce our tights according to law.
you pay is ontculated monthly on the scheduled outstanding balance of your account.
Thus, asyour balance decreases,your insurance premium will
also decrease. At the We may do one of
mentioned in this Contract.
may also do the things specifically
loan term, your insurance premium will
beginning ofthe thesethings and at the same time or later do another. Someof the things we may do
be larger, so less of your
monthly payment will be applied to your loan principal at the beginning of the loan
arethe following:
than would be applied had you not elected to purchaseinsurance. You understand
that the Finance Charge and APR disclosed in the Truth-In-Lending
disclosure a. ACCELERATION: If you are in Default becauseyou have not madea
reflect the effect of your election to purchase insurance. squiredpayment when due and the installmem has remained unpaid for more
4. APPLICATION OF PAYMENTS: We will apply your payments first to than (15) days or you have failed to maintain any required insurance, we can
demandthat you pay us the entire unpaid balance owing on this Contract and
interest, then to other charges that you agreed to under this Contract, which may
all unpaid Finance Charges and other money due. You agree that you will pay
becomo due (such as late charges) in any order that we choose, and then to the
unpaid principal balance- this money to us in one singlo payment immediately upon receiving our
5. PREPAYMENT: You may prepay, in full
or in part, the amount owed on this demand. In the event of a default consisting solely of the failure to make timely
If you prepay this contract in part, you agee to continue to
contract at any time. Vehicle, and you
installment paymenta and the subsequentrepossessionofthe
make regularly scheduled payments until you pay all amounts due under thismake timely tender of an amourn which would be sufficient to redeem the
con
Preview
FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE CORNERSTONE COMMUNITY FEDERAL CREDIT UNITION Plaintiff, -vs- Index No. 80944/2020 LYNNE SMITH And ROBERT SMITH Defendants. DEFENDNAT LYNN AND ROBERT SMITH'S RESPONSE TO PLAINTIFF'S FIRST NOTICE TO PRODUCE AND MISCELANEOUS DEMANDS Defendants, Lynne and Robert Smith, respond to Defendant's First Set of Interrogatories as follows: General Objections 1. Defendants object tot Plaintiff's First Notice to Produce to the extent that they seek information not known to Defendant. 2. Defendants object to Plaintiff's FirstNotice to Produce to the extent that they call for information beyond the scope of the above captioned litigation. 3. Defendants have not completed their investigation, have not completed discovery, and have not completed trial preparation. Defendants base their responses coñtained herein on their knowledge, information, and belief at this time and reserve the right to supplement responses to these discovery requests to the extent necessary and appropriate. 4. In providing these objections, and in the response to Plaintiff's First Notice to Produce, Defendants do not in any way waive, or intend to waive, but rather intend to preserve and is preserving: a. All objections as to competence, relevancy, materiality, and admissibility of the Notice (or responses) or the subject matter thereof; b. All objections to vagueñêss, ambiguity, and undue burden; 1 of 15 FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 c. All rights to object on any ground to the use of and any of said documents or responses, or the subject matter thereof, in any subsequent proceeding, including trialof this or any other action; and, d. All rights to object on any ground to any request or further responses to these or any other interrogatory requests, or other discovery requests involving or related to the subject matter of these discovery requests. 5. The inadvertent or mistaken production of documents or statements subject to the protections of the attorney-client privilege, work product doctrine, or other privilege shall not constitute a general, inadvertent, implicit, subject matter, separate, independent, or other waiver of such privilege or protection, and does not put in issue or constitute the affirmative use of the advice or counsel or any privileged communications. All such inadvertently Defendants' produced document(s) or statements shall be returned to counsel, along with any copies made thereof. RESPOSNE TO FIRST NOTICE TO PRODUCE AND MISCELANEOUS DEMANDS 1. Please be advised that Defendants object to this request as overbroad and unduly burdensome. Defendants also object to this demand as vague. It isnot clear how a copy of a statement Plaintiff gave could be produced if itwas not reduced to writing. Without waiving these objections, Defendants are not in possession, custody, or control of any responsive statements. 2. Please be advised that Defendants object to this demand as vague. It isnot clear what is litigation." meant by the "subject matter of this Without waiving that objection, Defendants have provided a copy of their agreement to purchase an RV. 3. Please be advised that Defendants object to this demand as overbroad, unduly burdensome, and vague. At this early stage in the litigation, itis not clear what claims and defenses Defendant will be making, other than those which were plead in Defendants' answer. Without waiving this objection, Defendants disclose allof the documents produced to Defendants by Plaintiff; as well as all of the documents produced along with this response. 4. Please be advised that Defendants object to this demand as vague. It isnot clear how "meetings." Defendants could produce As such, no answer is forthcoming. 5. Please be advised that Defendants object to this demand as overly broad and unduly burdensome. Because of Plaintiff's delay in bringing this action, the dates and times of any phone conversation with Plaintiff (or agents/employees of Plaintiff) are difficult for 2 of 15 FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 Defendants to ascertain. Additionally, itis exceedingly unlikely that any phone records Defendants' provider- would have been retained through the present day by telephone given the delays of Plaintiff in this action. Defendants also object to this demand bringing action" as vague insomuch as it isnot clear what "concerning this means. 6. Please be advised that Defendants object to this demand as premature, overbroad, and inappropriate at this stage of the litigation. Defendants have not yet determined what documents they will introduce at trialand will avail themselves of all rules under the CPLR for disclosing these documents. 7. Please be advised that Defendants object to this demand as seeking matters covered by marital privilege, work product, and attorney client privilege insomuch as it seeks correspondences between the Defendants themselves. As itpertains to correspondences between Defendants and Plaintiff, all such correspondences have been provided (with the exception of emails sent between attorneys for Defendants and Plaintiff concerning this matter). 8. Please be advised that Defendants object to this demand as overly broad and unduly burdensome. As written, the demand would seek any demand for payment made by Plaintiff, even if not directed towards the Defendants. Please also be advised that Defendants object on the grounds of undue delay. If Plaintiff had not waited so long to bring this action, Defendants may have been able to produce responsive documents. Without waiving that objection, Defendants are not in possession, custody or control of any responsive materials other than those provided to them by Plaintiff through discovery in this action. 9. Please be advised that Defendants object on the grounds of undue delay. If Plaintiff had not waited so long to bring this action, Defendants may have been able to produce responsive documents. Without waiving that objection, Defendants are not in possession, custody or control of any responsive materials other than those provided to them by Plaintiff through discovery in this action. 10. Please be advised that Defendants object on the groüñds of undue delay. If Plaintiff had not waited so long to bring this action, Defendants may have been able to produce responsive documents. Without waiving that objection, Defendants are not in possession, custody or control of any responsive materials other than those provided to them by Plaintiff through discovery in this action. 11. Please be advised that Defendants object on the grounds of undue delay. If Plaintiff had not waited so long to bring this action, Defendants may have been able to produce responsive documents. Without waiving that objection, Defendants are not in 3 of 15 FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 possession, custody or control of any responsive materials other than those provided to them by Plaintiff through discovery in this action. 12. Please be advised that Defendants object on the grounds of undue delay. If Plaintiff had not waited so long to bring this action, Defendants may have been able to produce responsive documents. Without waiving that objection, Defendants are not in possession, custody or control of any responsive materials other than those provided to them by Plaintiff through discovery in this action. 13. Please be advised that Defendants object to this demand as vague insomuch as the term action" "subject of this is not defined. Without waiving that objection, please see the attached agreement concerning an RV. 14. Please be advised that Defendants object to this demand as premature. Defendants have not yet ascertained which expert(s), ifany, that they will retain for trialand will avail themselves of their rights and privileges under the CPLR for disclosing any such expert. 15. Please be advised that Defendants object to this demand as vague insomuch as the litigation" "subject of this is not defined. Please also be advised that Defendants object on the grounds of undue delay. If Plaintiff had not waited so long to bring this action, Defendants may have been able to produce responsive documents. Without waiving those objections, Defendants are not in possession, custody or control of any responsive materials other than those provided to them by Plaintiff through discovery in this action. 16. Please be advised that Defendants object to this demand as vague insomuch as the litigation" "subject of this is not defined. Please also be advised that Defendants object on the grounds of undue delay. If Plaintiff had not waited so long to bring this action, Defendants may have been able to produce responsive documents. Finally, please be advised that Defendants object to this demand as calling for documents covered by the attorney client privilege, the work product privilege, and the privilege extending to documents prepared in the anticipation of litigation. Without waiving those objections, Defendants are not in possession, custody or control of any responsive materials other than those provided to them by Plaintiff through discovery in this action. 17. Please be advised that Defendants object to this demand as unduly burdensome. Without waiving that objection, please see the attached documents. 18. Please be advised that Defendants are not aware of any collateral source. 19. Please be advised that Defendants disclose the parties, as well as agents of Plaintiff. 4 of 15 FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 20. Please be advised that Defendants object to this demand as improper. This demand improperly calls not merely for documents to be produced, but also for Defendants prove." opinion as to what documents "tend to Without waiving that objection, Defendãñts refer Plaintiffs to all documents produced by either party during discovery. 21. Please be advised that Defendants object to this dersarid as an improper interrogatory guised as a notice to produce documents. Additionally, the request is vague insomuch as itasks for amounts of money that are being improperly collected. Itis not clear what documents, items, or things could possibly be produced in response to this demand. DATED: December 21, 2020 Is/Timothy Hiller, Esq Timothy Hiller, Esq. Law Offices of Kenneth Hiller, PLLC Attorneys for the Defendant 6000 North Bailey Avenue, Ste. 1A Amherst, NY 14226 (716) 564-3288 Email: thiller(dlkennethhiller.com 5 of 15 FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 A Stock Company With Home Offices m Bloomington,IMnois PO Box 88o49 AnantaoAsasse·esor StateFarm AT2 - 8-2218-FASE F H W 001634 3 RENEWAL DECLARATl0NS SMITH, ROBERT C 8 LYNNE A 1080 BORDEN RD DEPEW NY 14045-4605 AMOUNT DUE: None u nm._nnu.._m m n ..na Payment isdue by TO BE PAID BY MORTGAGEE - 'llllllll'Illl'lln-iii, ii--·ruruwitrusiv Policy Number: 32-BB-B286-3 Policy Period: 12 Months Effective Dates: DEC 21 2019 to DEC 21 2020 The policyperiod begins and ends at 12:01am standard time at the residence premises. Your State Farm Agent Homeowners Policy JIM CORLEY Location of Residence Premises 2156 S PARK AVE 1080 BORDEN RD NY BUFFALO 14220-2232 DEPEW NY 14043-4605 Phone: (716}322-1239 Construction: Frame Year Built: 1952 Automatic Renewal If thePOIJCY PERICD is shown as 12 MONTHS, thispolicy will be renewed estematka"y subject to the premiums, rules, and forms ineffect for each period. If this is terminated, we willgive you and the Mcitgagse/Lien- succeeding policy policy holder written notice incompliance with the policy provi::ionsor as required by law. IMPORTANT MESSAGES NOTICE: You will be receiving a second smislaps that will contain your new Policy Booklet and impaitant Notice Regarding your New Policy. Please callyour agent if youhave any questions. NOTICE: Information concerning changes in yourpolicy language is included. Please callyour agent with any qüëstisiis. Zone: 23 Subzone: 13 Protection Class: 9 Please help us update the data used to determins your premium. Centect your agent with the year each of your home's utilities (heating/cacliiig, ;:c.t::;;,or electrical)and roof were lastupdated. PREM1UM Annual Premium $658.00 Your premium has already been adjusted by the following: New York Tier Rating Lead Poison Excl TotalPremium sess.co Page 1of 4 Prepared DCT302019 o 0 420 totFlittBI M M 2HS N G.J.TR.GB.GA 6 of 15 FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 & State Farm NAMED INSURED MDRTGAGEE AND ADDITIONAL INTERESTS SMITH, ROBERT C & LYNNE A ITS SUCCESSORS AND/OR ASSIGNS 0005165725 PO BOX 5738 SPRINGFIELD OH 45501-5738 SECTl0N I - PROPERTY COVERAGES AND UMITS Coverage Limit of Liability A Dwelling $ 229,700 Other Structures $ 22,970 Ordinance/Law - 10% $ 22,970 Building B Personal Property $ 172,275 C Loss of Use $ 68,910 Fungus (including Mold) Limited Coverage $ 20,000 Additional Coverages Credit Card, Bank Fund Transfer Card, Forgery, and Counterfeit Money $1,000 Debris Asmayal Additional 5% ava!!able!$1,000 tree debris Fire Department Service Charge $500 per occurrence Fuel Oll Release $10,000 Locks and Remote Devices $1,000 Trees, Shrubs, and Landscap|ñg 5% of Coverage A amount/$750 per item SECTION II- UABIUTY COVERAGES AND UMITS Coverage Limit of Uability L Personal Liability(Each Occurrence) $ 300,000 Damage to the Property of Others $ 1,000 M Medical Payments to Others (Each Person) $ 5,000 INFLATION !nf!at!onCoverage Index: 275.2 DEDUCTIBLES Section I Dedectihts Deductible Amount AllLosses $ 1,000 LDSS SETTLEMENT PRDVISIONS A1 Replacement Cost - SimilarConstruction B1 Limited Replacement Cost - Coverage B 2 7 of 15 FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 RETAIL INSTALLMENT CONTRACT (MOTOR VEHICLE-NY) CCFCU - CORNERSTONE COMMUNITY FCU (SIMPLE INTEREST) . - Dated 5 · .-: 2 C .. - . Account# ANNUAL FINANCE Amount Financed TotalPayments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided 'Ihe amount you-will have paid The total cost ofyour purchaseon credit, The cost of your credit as a to you or on your behalf 'The dollar amount the aAer you have made all scheduled includin our down payment of S credit will cost you. payments. J.20 . O yearly rare. 11 % S 1827 4 . 5 E(e) S 17 473 . 44 S 35 748 . 0 O (c) S 3 69 43 - OC ... YOUR PAYMENT SCHEDULE WILL BE: No. of Payments Amount of Payments When Payments Ãre Due You are giving a security interest in the Vehicle being pun:hased. Security: 18 O S 19â . 60 Monthly,beginning be chargeda late fee of Late Charge: If a payment is more than 15daya late, you will S20. If you pay off carly, you will not have to pay a penalty. Fr.¡::y•nent: MIIng Fees: S 'ié See below and any other Contractdocuments forany:22 .;±feration about -y--st, any required defatut, repayment befote in full the scheduleddate and prepaymentrefundsand penalties. (e- aneans estimate) -. ... ...... In this Contract,_.- . . . . _ . in between Seber and This Contsuct theSELLER: 120 3 at-1we s tern 1 a .h 3mee a 17/ la Baqyer. All disclosures have heen made by seuer.sellerantends to Name Address Zip Code assign this Contract to the Assignee. You are LYHNE A SMIT E , RG EERT C 3MI TH the BUYER (S): WEN K r.p H G4 : , Cash Price, Downpayment&Trade-In Name(s) Address Zip Code Cash Price is more than one Buver. eachpromises. separately and tostether.to pav all sums due us and to perform all agrv9mets_in tfthere this Contract.. (Including accessories,service and VEIUCLE: You have agreedto purchase, under the terms of this Contract, the following "Vehicle" motor vehicle, and its extra **È 3 su u equipment, which is called the in this Contract.. N/U/D Year and Make M_odel Body Style No, Cyl.. Truck Ton Capacity Vehicle Identification N_92 Value of Trade-in Gi-r - BB'- 1UJB j0BN5E18BC294 sen fr y TRADE-IN, Lies Payoff to: You have traded in Iead••et= of AnnocentMnanced the foMowing vehicle: Year and Make Model Unpaid Cash Price Balance owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. If a balance is still You warrant and g representto us that any trade-in is Iree from liens, claims, meb=•ses or security interests, except as shown in the "Cash1MW -N Trade-In" AmmonutsPald to Others on Year Price, Downpayment and section as the emount of the "Lice Payof)". ... BehaIP Licens ags, and Registration PROPERTY INSURANCE: $ In consideration for the granting of the loan applied for this date, J(we) agree, by my (our) signature(s) on this document as BUYER, to provide and maintain in force Ibr the term of such loan, and any extension, or To Credit Insurance Company an insurance policy including renewals thereof Compreb=:in coverage with maximum deduction of 5500.00 and Collision S N/A Federal Credit Union, 6485 S. Transit Rd., P.O. Box 830, with the Loss Payable Clause to the Cornerstone Comnmnity Lockport, NY 14095-0530 at the earliest possible date. TO: INSURANCE COMPANY: _,_ ________,_.____.____ Policy No.__ S N Effective Date: ... .... _,___ Initial Term AGENT Name• Address: TO: _, Phone: In the event you fall to nmlntain in force the above required Union will Insurance, the Credit esenise it's right to provide TO: a coDateral protection policy which will protectonly the Credit Union'sinterest in the IInanced collateral. The pmminm for this police wGI be added to your loan balance. TO: Promises About Insurance" section was obtained You guarantee that the required insurance coverage as shown in the "Your from the agent named above. If you do not purchase insurance in this Contract, then 1.iability insurance coverage for bodily injury and property damage is not included or orovided for in this Contract TO: S CREDIT INSURANCE IS NOT REQUIRED: Insurance are not required to Credit l.ife Inmrance and Credit Disability obtain credit and is not a provision when signing this agreement. To Seller for OAP Covenge Insurance is available through Cornerstone Community Federal Credit Union in cmj":•di= Credit Life and Credit Disability 4s N/ A with CUNA MUIUAL GROUP - CUNA To obtain Credit I.ife or Credit Disability Mutual Insurance Society. Insuance, d pleasecontact Cornerstone C:==::4 Federal Credit Union at (716) 434-2290 to arrange for this coverage FOR: S___ _..... __ 8 of 15 FILED: ERIE COUNTY CLERK 12/21/2020 01:47 PM INDEX NO. 809444/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 12/21/2020 . Retan inar•umw Contrnet(Motor - REVERSE SIDE OF ADDITIONAL TERMS de CONDITIONS Vehicles-NY) 1. HOW THE TOTAL OF PAYMFNTS IS COMPUTED: The Total of . ..s. -e) in connection with this Contract; or You conunitted any forscry Payment is the sum of the Amount Financed and the Finance Charge. The Finande f) You die, ars convided Baud or dishonesty, or are found of a crime involving Charge consists solely of intatost computed daily on the o*rmling balanceof the a court.with to jurisdictiondosotobe or incapacitated; by You lile bankruptcy or insolvency proceedings, or anyone files bankruptcy a Amount Financed. The Finance Charge shown on the front side has beencomputed g) on the assumption that we will receivo all paymenta on their scheduled due dates. insolvency proceedings against you; or 2. COMPUTING INTERESTr We willcharge interest on a daily basis on the h) You take the Vehicle outside the United Statesor Canada without our written outstanding balance subject to interest on each day ofthe loan term. The daily consent; or Yóu use the Vehicle or allow someone elseto use it in a way that causesit not interest rate is equal to the Annual PercentageRate divided by the number of days in i) that calendar year. Buyer agreesthat becauseinterest is calculated on a daily basis, to be covered by your insurance; or late payments will You do something or allow others to do something that causesdie Vehicle to result in additional interest (and, if applicable, a late charge). j) be subject to confiscation by govemment authorities; or Early payments will result in less interest being charged. Early and/or late payments willcausethe amount ofthc 5nal paymerg to change. k) The Vehicle is lost, stolen, destroyed or damaged beyond economical repair, 3. EFFECT OF INSURANCE PREMIUMS ON THE ANNUAL a reasonable time; or and not fixed or found within PERCENTAGE RATE (APR) AND FINANCE CHARGE FOR LOANS l) Another creditor tries to take the Vehicle by legal process; or OVER 60 MONTHS. You understand that if your loan is in excess of 60 months m) Irinour judgment the prospect of payment, perferinance of this Contract, or elected to purdiase group credit life and/or group credit end you have voluntarily impaired; or Vehicle is significantly realization ofthe group credit disability and/or group credit involuntasy unemployment disability n) lien is filed against the Vehicle. Any tax or other involuntary insurance, such insurance coverage may be limited to the fast 60 months as If a term greater than 60 months is indicated then the insurancepremium indicated. 16. OUR RIGHTS IF YOU ARE INDEFAULT OF THIS CONTRACF: If you We are in Default of this Contract, we may enforce our tights according to law. you pay is ontculated monthly on the scheduled outstanding balance of your account. Thus, asyour balance decreases,your insurance premium will also decrease. At the We may do one of mentioned in this Contract. may also do the things specifically loan term, your insurance premium will beginning ofthe thesethings and at the same time or later do another. Someof the things we may do be larger, so less of your monthly payment will be applied to your loan principal at the beginning of the loan arethe following: than would be applied had you not elected to purchaseinsurance. You understand that the Finance Charge and APR disclosed in the Truth-In-Lending disclosure a. ACCELERATION: If you are in Default becauseyou have not madea reflect the effect of your election to purchase insurance. squiredpayment when due and the installmem has remained unpaid for more 4. APPLICATION OF PAYMENTS: We will apply your payments first to than (15) days or you have failed to maintain any required insurance, we can demandthat you pay us the entire unpaid balance owing on this Contract and interest, then to other charges that you agreed to under this Contract, which may all unpaid Finance Charges and other money due. You agree that you will pay becomo due (such as late charges) in any order that we choose, and then to the unpaid principal balance- this money to us in one singlo payment immediately upon receiving our 5. PREPAYMENT: You may prepay, in full or in part, the amount owed on this demand. In the event of a default consisting solely of the failure to make timely If you prepay this contract in part, you agee to continue to contract at any time. Vehicle, and you installment paymenta and the subsequentrepossessionofthe make regularly scheduled payments until you pay all amounts due under thismake timely tender of an amourn which would be sufficient to redeem the con