Preview
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NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 05/09/2024
At Part 35 of the Supreme Court
of the State of New York, held in
and for the County of Kings, at
the Courthouse located at 360
Adams Street, Brooklyn, New
York on the ___ day of December
2023
PRESENT: HON. KAREN B. ROTHENBERG, J.S.C.
BARRY HERSKO,
Index No. 519449/2021
Plaintiff,
[PROPOSED]
v. ORDER TO SHOW CAUSE
MORRIS HERSKO and SARA G. HERSKO,
Defendants.
Upon the Good Faith Affirmation of Rachel L. Cohn dated December 19, 2023 and the
exhibits annexed thereto, the Memorandum of Law in Support dated December 19, 2023, and upon
all other proceedings had in this case, and good and sufficient cause having been shown therein, it
is hereby:
ORDERED, that Defendants Morris Hersko and Sara G. Herkso (“Defendants”) show
cause before this Court, at the Courthouse located at 360 Adams Street, Brooklyn, New York,
11201, Courtroom 574, on the _____ day of _______________, 202__, at 9:30 a.m. or as soon
thereafter as counsel may be heard, why an order should not be made and entered pursuant to
CPLR 3124 and 3101(a):
1. Granting Plaintiff Barry Hersko’s motion to compel Defendants to produce
documents responsive to Plaintiff’s June 1, 2023 First Request for Production of Documents; and
2. Granting such other and further relief as this Court deems just and proper.
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ORDERED that service of a copy of this order to show cause and the papers upon which
it was made upon counsel for Defendants by email (to Melanie Wiener at
mwiener@abramslaw.com) on or before the ____ day of _______________, 2023, shall be
deemed sufficient service thereof; and it is further
ORDERED that answering papers, if any, shall be filed by Defendants through the Court’s
electronic filing system on or before the ____ day of _______________, 202__; and it is further
ORDERED that Plaintiff’s reply papers, if any, shall be served so as to be received by
Defendant’s counsel, via electronic filing, on or before the ____ day of _______________, 202__.
Dated:
ENTERED:
__________________________
J.S.C.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BARRY HERSKO,
Index No. 519449/2021
Plaintiff,
AFFIRMATION OF
v. RACHEL L. COHN
MORRIS HERSKO and SARA G. HERSKO,
Defendants.
RACHEL L. COHN, Esq., swears and affirms the following under the penalty of perjury:
1. I am an attorney admitted in New York State, and work in the New York office of
the law firm Blank Rome LLP (“Blank Rome”), counsel for Plaintiff, Barry Hersko. I am familiar
with the history, facts, and circumstances of this case from my personal handling of this matter
and the handling of this matter by others at Blank Rome, and my review of the file.
2. I respectfully submit this Affirmation pursuant to Uniform Rule 202.7(c) and in
support of Plaintiff’s motion to compel the production of documents from Defendants Morris
Hersko and Sara G. Hersko (together, “Defendants”).1
3. Plaintiff served document requests on Defendants on June 1, 2023, a true and
correct copy of which is attached hereto as Exhibit A. On June 20, 2023, Defendants provided
written responses and objections to Plaintiff’s requests, a true and correct copy of which is attached
hereto as Exhibit B. On the same date, Defendants provided initial documents in response to
Plaintiff’s requests for the production of documents.
1
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Verified Second
Amended Complaint (Dkt. No. 79).
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4. Defendants’ document production consisted of 16 documents that had all
previously been e-filed in this action in support of Defendants’ earlier motions to dismiss the
Complaint and Amended Complaint, respectively. (Dkt. Nos. 10-23, 40-53) Defendants’
production included the TD Mortgage, TD Mortgage quarterly statements from only the period
January 2018-Februarly 2019, Grand Bank mortgage and mortgage consolidation documents, and
loan payoff statements from the respective mortgages. The production did not include, among
other things, the rest of the TD Mortgage statements or any other documents relating to the TD
Mortgage, documents reflecting the financial activity of the Properties, documents relating to any
efforts to repay the Loan, or documents reflecting communications with Plaintiff’s attorney
Abraham Weisel.
5. On June 28, 2023, we delivered to Defendants’ counsel a letter setting forth the
deficiencies in Defendants’ document production, requesting supplemental production, and
inviting a meet-and-confer. A true and correct copy of Plaintiff’s June 28, 2023 letter is attached
as Exhibit C.
6. Despite follow-up inquiries by Plaintiff’s counsel on July 18, 2023, and August 2,
2023, Defendants’ counsel did not provide any substantive response to Plaintiff’s June 28
deficiency letter, did not make any supplemental production, and did not attempt to meet-and-
confer concerning the identified deficiencies.
7. On or about July 18, 2023, the Court (Hon. Rachel E. Freier) entered a Case
Scheduling Order in this action. (NYSCEF Dkt. No. 81) The Case Scheduling Order provides
that depositions of the parties must be completed on or before September 1, 2023. Id. at ¶ 6. The
Case Scheduling Order also requires that, within 20 days of the Order, the parties shall confer and
agree upon a detailed deposition schedule. Id.
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8. On August 7, 2023, I sent a letter to Defendants’ counsel addressing outstanding
discovery, a true and correct copy of which is attached as Exhibit D. Because Defendants had
refused to meet and confer up to that point, in that letter, Plaintiff offered a date certain for
Plaintiff’s deposition in compliance with the Case Scheduling Order, (Dkt. No. 81), but offered
that deposition date subject to completion of Defendants’ document production. Plaintiff again
offered to meet and confer concerning the deposition schedule because at that point, Plaintiff still
did not know when Defendants would be completing their document production. (Ex. D)
9. Following our August 7 attempt to meet-and-confer, I exchanged multiple emails
with Defendants’ counsel on August 8-9, 2023, true and correct copies of which are attached hereto
as Exhibit E. In those emails, Defendants’ counsel refused to confirm when Defendants’
document production would be complete or substantively engage on the production deficiencies
we had identified in June.
10. After additional requests, Defendants’ counsel finally agreed to meet and confer
concerning the outstanding discovery disputes Plaintiff had repeatedly raised.
11. On August 23, 2023, at 10:30 a.m., I participated in a meet-and-confer
videoconference with Defendants’ counsel, Melanie Wiener and Anthony Genovesi of Abrams
Fensterman LLP. During that call, Defendants’ counsel first represented that Plaintiffs’ document
requests were objectionable, specifically stating that Defendants did not understand the meaning
of various terms used in the requests. I asked Defendants’ counsel to specify which terms where
concerning, confusing, or objectionable so that Plaintiff could attempt to address them. In
response, Defendants’ counsel refused to identify any specific term or even any specific document
request. Instead, Defendants’ counsel advised for the first time that they consider Defendants’
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document production to be complete, and that Defendants do not intend to produce any additional
documents.
12. During the meet and confer call, Defendants’ counsel took the position that because
Defendants deny the existence of the Loan, they are not required to produce any documents that
might relate to the Loan. I explained that this position does not excuse Defendants from their
discovery obligations and that Plaintiff would seek Court intervention if needed to obtain necessary
discovery.
13. As explained further in the accompanying memorandum of law in support of
Plaintiff’s motion to compel production of documents, Defendants’ document production is still
woefully deficient. It is undisputed that Defendants received the Loan funds, either directly or via
an account they maintain at TD Bank. Nonetheless, Defendants refuse to search for or produce
documents relating to receipt of the Loan funds, repayment of the Loan funds, financial activity of
the Properties which the Loan funds allowed them to acquire, and communications relating to
Defendants’ receipt of the Loan funds, all of which are relevant to the claims and defenses asserted
in Plaintiff’s Second Amended Complaint.
14. No prior request has been made for the relief sought herein.
Dated: December 19, 2023
New York, New York
Rachel L. Cohn, Esq.
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CERTIFICATE OF COMPLIANCE
This affirmation complies with the word count limitation of Rule 202.8-b of the Uniform
Rules for the Supreme Court of the State of New York because it contains 942 words, exclusive
of the caption and signature block.
/s/ Rachel L. Cohn
Rachel L. Cohn
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BARRY HERSKO,
Plaintiff, Index No.: 519449/2021
v. PLAINTIFF’S FIRST
REQUEST FOR
MORRIS HERSKO and SARA G. HERSKO, PRODUCTION OF DOCUMENTS
Defendants.
PLEASE TAKE NOTICE that, pursuant to Article 31 of the New York Civil Practice
Law and Rules, Plaintiff Barry Hersko (“Plaintiff”), by his attorneys, Blank Rome LLP, hereby
demands that Defendants Morris Hersko and Sara G. Hersko (together, “Defendants”) produce the
following documents for inspection and copying within twenty (20) days of service of this demand,
at the offices of Blank Rome LLP, 1271 Avenue of the Americas, New York, New York, 10020.
DEFINITIONS
1. “Document(s)” shall have the broadest meaning possible under the applicable laws
of the State of New York, including but not limited to all originals, non-identical copies and drafts
of any written, printed, handwritten, recorded or graphic matter of any kind, however produced or
reproduced, and regardless of where located, including but not limited to any work paper,
worksheet, ledger, analysis, correspondence, memorandum, note, research, checklist, opinion,
minutes, inter-office or intra-office communications, e-mail message, report, chart, graph,
summary, index, diary, desk or pocket calendar, notebook, any magnetic or other recording tape,
computer data (including information or programs stored in a computer, whether or not printed out
or displayed), photograph, microfiche, microfilm, videotape, record or motion picture, and
electronic, mechanical, or electrical record or representation of any kind, including but not limited
to tape, cassette, disc, magnetic card or recording. The word “document” shall also include the
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file folders in which said documents are maintained and any table of contents or index thereto, and
copies of documents of which the originals have been destroyed pursuant to a document
destruction policy or otherwise.
2. “Communication(s)” means any document constituting, evidencing,
memorializing, recording, summarizing or transcribing any transmission or exchange of any
information, whether written, oral, electronic, non-electronic, recorded, graphic, or in any other
medium (whether formal or informal), and including, but not limited to, e-mail, and any and all
attachments thereto, and other electronic methods of communication including text messaging,
messaging through applications such as WhatsApp, and instant messaging through applications.
3. “Relating to” means concerning, relating to, referring to, in connection with,
commenting on, pertaining to, responding to, supporting, mentioning, containing, evidencing,
showing, identifying, memorializing, describing, analyzing, reflecting, comprising, or
constituting.
4. “You,” “Your,” and “Defendants” means defendants Morris Hersko and/or Sara G.
Hersko, jointly or independently, and anyone acting on behalf of one or both of them.
5. “Barry” means plaintiff Barry Hersko.
6. “Condo” means the residential condominium unit purchased by Defendants located
at 2039 57th Street, Brooklyn, New York, 11204, Block 5495, Lot 1202.
7. “House” means the house purchased by Defendants at 1963 63rd Street, Brooklyn,
New York, 11204, Block 5534, Lot 53.
8. “TD Mortgage” means the credit line mortgage entered into in or around 2010
between Defendants and TD Bank, N.A., secured by the Condo.
9. “Grand Mortgage” means the mortgage agreement entered into on or about
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February 29, 2012, between Defendants and Grand Bank, N.A and/or Mortgage Electronic
Registration Systems, Inc., secured by the House.
10. “HELOC” refers to the credit line and New York Credit Line Mortgage (Open-
End) that Defendants opened with Santander Bank on or about July 1, 2016.
11. “Answer” refers to the April 27, 2023 Verified Answer submitted by Defendants in
the above-captioned action and any subsequent, supplemental, or revised Answer Defendants
submit in this action.
INSTRUCTIONS
1. If a Request requires the production of a part or portion of a document, you shall
produce the entire document.
2. Where possible, your response should include the production of documents, data,
and/or images in electronic form, together with such information as will allow the opening, sorting,
and manipulation of the data.
3. Documents called for by these Requests include all documents pertaining to the
indicated subject regardless of whether a particular document has been superseded, amended,
revised, rewritten, redrafted, rejected, or rendered obsolete.
4. If any document requested herein was formerly in your possession, custody, or
control and has been lost, destroyed, or otherwise disposed of, you shall submit, in lieu of any such
document, a written statement:
a. describing in detail the nature of the document and its contents;
b. identifying the person(s) who prepared or authored the document, and, if
applicable, the person(s) to whom the document was sent;
c. specifying the date on which the document was prepared or transmitted; and
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d. specifying the date on which the document was lost or destroyed and, if
destroyed, the conditions of and reasons for such destruction and the person(s)
requesting and performing the destruction.
5. If any document requested herein is withheld on the basis of any claim of privilege,
work product doctrine, exemption, or otherwise, you shall submit, in lieu of any such document, a
written statement:
a. identifying the person(s) who prepared or authored the document, and, if
applicable, the person(s) to whom the document was sent or shown;
b. specifying the date on which the document was prepared or transmitted;
c. describing the nature and subject matter of the document;
d. stating briefly why the document is claimed to be privileged or otherwise
protected from disclosure; and
e. identifying the specific Request(s) to which the document relates.
6. If a portion of an otherwise responsive document contains information subject to a
claim of privilege, only that portion of the document subject to the claim of privilege shall be
deleted or redacted from the document following the instructions in the preceding paragraph and
the rest shall be produced.
7. All documents are to be produced as they are kept in the ordinary course of business
or are to be organized and labeled to correspond with the categories in these Requests. The method
of production of each category is to be identified at the time of production.
8. Each Request shall be deemed continuing so as to require prompt supplemental
responses if you obtain or discover additional documents between the time of initial production
and the time of deposition, settlement, or trial.
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9. All references to the singular shall be construed to include the plural and all
references to the plural shall be construed to include the singular.
10. The terms “all” and “each” shall be construed as all and each.
11. The connectives “and” and “or” shall be construed as necessary to bring within the
scope of the Request all responses that might otherwise be construed to be outside of its scope.
12. Unless otherwise specified in a specific Request, the time period for these requests
is September 1, 2011 to the present.
REQUESTS FOR PRODUCTION
1. All documents and communications relating to Defendants needing funds to
facilitate purchasing the Condo. The relevant time period for this Request is January 1, 2008 to
the present.
2. All documents and communications reflecting all sources of funds used to purchase
or facilitate the purchase of the Condo. The relevant time period for this Request is January 1,
2008 to the present.
3. All documents and communications relating to Defendants needing funds to
facilitate purchasing the House.
4. All documents and communications reflecting all sources of funds used to purchase
or facilitate the purchase of the House.
5. All documents and communications reflecting the sources of funds used to facilitate
or otherwise pay for any construction work performed on the Condo or House.
6. All documents and communications relating to any request for money that
Defendants made to Plaintiff, directly or indirectly.
7. All documents and communications relating to any offer by Barry to give or loan
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money to Defendants, directly or indirectly.
8. All documents and communications relating to any funds you paid to Barry, directly
or indirectly.
9. All documents and communications relating to checks you wrote or addressed to
Barry, or any entity owned or controlled by Barry, including, but not limited to, any ledgers or
notations relating to such checks and any communications with any third party relating to such
checks.
10. All documents and communications exchanged between you, and Abraham Weisel
or anyone acting on behalf of The Law Offices of Abraham Weisel Esq. PLLC.
11. All documents and communications relating to the TD Mortgage including, but not
limited to, Defendants’ mortgage statements, documents reflecting Defendants’ use of proceeds
from the TD Mortgage, and documents reflecting all payments made to TD Bank, N.A. or any
affiliate relating to the TD Mortgage. The relevant time period for this Request is January 1, 2010
to the present.
12. All documents and communications relating to the Grand Mortgage including, but
not limited to, Defendants’ mortgage statements, documents reflecting Defendants’ use of
proceeds from the Grand Mortgage, and documents reflecting all payments made to Grand Bank,
N.A. or any affiliate relating to the Grand Mortgage.
13. All documents and communications relating to Defendants’ use of the proceeds
from the TD Mortgage.
14. All documents and communications relating to Defendants’ use of the proceeds
from the Grand Mortgage.
15. All documents and communications relating to any financial activity for the Condo
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including, but not limited to, bank and other records reflecting any mortgage or other loan for
which the Condo serves as security, any liens impacting the Condo, and any income received by
Defendants or anyone acting on behalf of Defendants generated in connection with the Condo.
The relevant time period for this Request is January 1, 2008 to the present.
16. All documents and communications relating to any financial activity for the House
including, but not limited to, bank and other records reflecting any mortgage or other loan for
which the House serves as security, any liens impacting the House, and any income received by
Defendants or anyone acting on behalf of Defendants generated in connection with the House.
17. All documents and communications relating to any efforts by Defendants, or any
person or entity acting on Defendants’ behalf, to sell the Condo.
18. All documents and communications relating to any agreement or promise that you
claim was made by or on behalf of Barry that had the effect of reducing or forgiving any loan or
payment for the House or Condo that is claimed by Defendants.
19. Documents confirming all payments made to Barry concerning the House or
Condo.
20. Documents reflecting all loan or mortgage payments made for or on behalf of the
House or Condo.
21. All documents concerning the credit line (HELOC) opened with Santander Bank
including all bank statements reflecting such draws from and payments to the HELOC.
22. All documents concerning the consolidation of debt with Arc Home LLC as set
forth in the May 9, 2022 Affirmation of Morris Hersko.
23. All documents specifically referenced or referred to in the May 9, 2022 Affirmation
of Morris Hersko.
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24. All documents and communications that purport to support any affirmative defense
you asserted in the Answer or that you intend to assert in this action.
25. To the extent not otherwise produced or requested, all documents that you intend
to rely on at any proceeding or hearing in support of any claim or defense in this action.
Dated: June 1, 2023 BLANK ROME LLP
New York, New York
By: /s/ Craig M. Flanders
Craig M. Flanders
Samuel D. Levy
Rachel L. Cohn
1271 Avenue of the Americas
New York, New York 10020
Tel.: 212-885-5000
Fax: 212-885-5001
craig.flanders@blankrome.com
samuel.levy@blankrome.com
rachel.cohn@blankrome.com
Attorneys for Plaintiff Barry Hersko
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BARRY HERSKO,
Index No.: 519449/2021
Plaintiff,
DEFENDANTS’ RESPONSE TO
-against- PLAINTIFF’S FIRST DEMAND FOR
DOCUMENTS
MORRIS HERSKO and SARA G. HERSKO,
Defendants.
Defendants Morris Hersko (“Morris”) and Sara G. Hersko (“Sara”) (collectively
“Responding Parties”) by and through their undersigned counsel, Abrams Fensterman, LLP hereby
respond and object to Plaintiff Barry Hersko’s (“Plaintiff”) First Request for the Production of
Documents (referred to as “Requests” and individually referred to as ‘Request”) as follows:
GENERAL OBJECTIONS
1. The Responding Parties object to the Requests to the extent that they call for the
disclosure of documents and information protected by the attorney-client privilege, attorney-work
product privilege, and/or other privileges.
2. The Responding Parties object to the Requests to the extent that they call for the
disclosure of documents and information prepared in anticipation of litigation and/or trial
preparation material.
3. The Responding Parties object to the Requests to the extent that they seek
documents and information not relevant to the issues raised in this matter and to the extent that
they are not reasonably calculated to lead to the discovery of admissible evidence.
4. The Responding Parties object to the Requests to the extent that they are vague and
ambiguous.
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5. The Responding Parties object to the Requests to the extent that they are overly
broad, unduly burdensome and/or oppressive, including, without limitation, to the extent that they
seek documents and information already within Defendant’s knowledge, possession and/or
control.
6. The Responding Parties object to the Requests to the extent that they seek
disclosure of opinions, mental impressions, conclusions or legal theories of the Parties object or
its counsel or other representatives.
8. The Responding Parties object to the Requests to the extent that they are redundant
and duplicative of one another.
9. The Responding Parties object to the Requests to the extent that they purport to
require the Responding Parties to locate or identify documents and information that are not in its
possession, custody or control.
10. The Responding Parties reserve the right to redact irrelevant, confidential or
privileged information in any document produced by the Responding Parties.
11. Nothing herein shall be construed as an admission by the Responding Parties with
respect to the admissibility or relevance of any fact or document, or of the truth or accuracy of any
characterization or document of any kind.
12. These responses do not, in any way, waive any privilege or protection by the
inadvertent production of information or documentation subject thereto and the Responding Parties
reserves the right to Request the return thereof.
13. These responses are based upon information available at the present time from the
files of the Responding Parties. The Responding Parties reserve the right to supplement, amend
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or correct these responses in the event that future discovery reveals facts that would justify such
supplementation, correction or amendment.
14. These General Objections apply to each and every response, whether specifically
described and mentioned in the response or not.
RESPONSE TO REQUESTED DOCUMENTS
Request No. 1:
All documents and communications relating to Defendants needing funds to facilitate
purchasing the Condo. The relevant time period for this Request is January 1, 2008 to the present.
Response to Request No. 1:
The Responding Parties object to this Request on the grounds that it is vague, overly broad
and unduly burdensome without limitation and/or oppressive, including, without limitation, to the
extent that they seek documents and information already within Plaintiff’s knowledge, possession
and/or control. Subject to the foregoing General and Specific Objections, and without waiving
same, the Responding Parties respond: any responsive documents in the possession, custody or
control of the Responding Parties shall be produced.
Request No. 2:
All documents and communications reflecting all sources of funds used to purchase or
facilitate the purchase of the Condo. The relevant time period for this Request is January 1, 2008
to the present.
Response to Request No. 2:
The Responding Parties object to this Request on the grounds that it is vague, overly broad
and unduly burdensome without limitation and/or oppressive, including, without limitation, to the
extent that they seek documents and information already within Plaintiff’s knowledge, possession
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and/or control. Subject to the foregoing General and Specific Objections, and without waiving
same, the Responding Parties respond: any responsive documents in the possession, custody or
control of the Responding Parties shall be produced.
Request No. 3:
All documents and communications relating to Defendants needing funds to facilitate
purchasing the House.
Response to Request No. 3:
The Responding Parties object to this Request on the grounds that it is vague, overly broad
and unduly burdensome without limitation and/or oppressive, including, without limitation, to the
extent that they seek documents and information already within Plaintiff’s knowledge, possession
and/or control. Subject to the foregoing General and Specific Objections, and without waiving
same, the Responding Parties respond: any responsive documents in the possession, custody or
control of the Responding Parties shall be produced.
Request No. 4:
All documents and communications reflecting all sources of funds used to purchase or
facilitate the purchase of the House.
Response to Request No. 4:
The Responding Parties object to this Request on the grounds that it is vague, overly broad
and unduly burdensome and/or oppressive, including, without limitation, to the extent that they
seek documents and information already within Plaintiff’s knowledge, possession and/or control.
Subject to the foregoing General and Specific Objections, and without waiving same, the
Responding Parties respond: any responsive documents in the possession, custody or control of
the Responding Parties shall be produced.
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Request No. 5:
All documents and communications reflecting the sources of funds used to facilitate or
otherwise pay for any construction work performed on the Condo or House.
Response to Request No. 5:
The Responding Parties object to this Request on the grounds that it is vague, overly broad
and unduly burdensome and/or oppressive, including, without limitation, to the extent that they
seek documents and information already within Plaintiff’s knowledge, possession and/or control.
The Responding Parties object to this Request on the grounds that it is duplicative and redundant.
Subject to the foregoing General and Specific Objections, and without waiving same, the
Responding Parties respond: any responsive documents in the possession, custody or control of
the Responding Parties shall be produced.
Request No. 6:
All documents and communications relating to any request for money that Defendants
made to Plaintiff, directly or indirectly.
Response to Request No. 6:
The Responding Parties object to this Request on the grounds that it is vague, overly broad
and unduly burdensome and/or oppressive, including, without limitation, to the extent that they
seek documents and information already within Plaintiff’s knowledge, possession and/or control.
The Responding Parties object to this Request on the grounds that it is duplicative and redundant.
Subject to the foregoing General and Specific Objections, and without waiving same, the
Responding Parties respond: any responsive documents in the possession, custody or control of
the Responding Parties shall be produced.
Request No. 7:
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118 RECEIVED NYSCEF: 05/09/2024
12/20/2023
All documents and communications relating to any offer by Barry to give or loan money
to Defendants, directly or indirectly.
Response to Request No. 7:
The Responding Parties object to this Request on the grounds that it is vague, overly broad
and unduly burdensome and/or oppressive, including, without limitation, to the extent that they
seek documents and information already within Plaintiff’s knowledge, possession and/or control.
Subject to the foregoing General and Specific Objections, and without waiving same, the
Responding Parties respond: any responsive documents in the possession, custody or control of
the Responding Parties shall be produced.
Request No. 8:
All documents and communications relating to any funds you paid to Barry, directly
or indirectly.
Response to Request No. 8:
The Responding Parties object to this Request on the grounds that it is vague, overly broad
and unduly burdensome and/or oppressive, including, without limitation, to the extent that they
seek documents and information already within Plaintiff’s knowledge, possession and/or control.
Subject to the foregoing General and Specific Objections, and without waiving same, the
Responding Parties respond: any responsive documents in the possession, custody or control of
the Responding Parties shall be produced.
Request No. 9:
All documents and communications relating to checks you wrote or addressed to Barry, or
any entity owned or controlled by Barry, including, but not limited to, any ledgers or notations
relating to such checks and any communications with any third party relating to such checks.
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NYSCEF DOC. N
Preview
FILED: KINGS COUNTY CLERK 05/09/2024 09:43 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 05/09/2024 At Part 35 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse located at 360 Adams Street, Brooklyn, New York on the ___ day of December 2023 PRESENT: HON. KAREN B. ROTHENBERG, J.S.C. BARRY HERSKO, Index No. 519449/2021 Plaintiff, [PROPOSED] v. ORDER TO SHOW CAUSE MORRIS HERSKO and SARA G. HERSKO, Defendants. Upon the Good Faith Affirmation of Rachel L. Cohn dated December 19, 2023 and the exhibits annexed thereto, the Memorandum of Law in Support dated December 19, 2023, and upon all other proceedings had in this case, and good and sufficient cause having been shown therein, it is hereby: ORDERED, that Defendants Morris Hersko and Sara G. Herkso (“Defendants”) show cause before this Court, at the Courthouse located at 360 Adams Street, Brooklyn, New York, 11201, Courtroom 574, on the _____ day of _______________, 202__, at 9:30 a.m. or as soon thereafter as counsel may be heard, why an order should not be made and entered pursuant to CPLR 3124 and 3101(a): 1. Granting Plaintiff Barry Hersko’s motion to compel Defendants to produce documents responsive to Plaintiff’s June 1, 2023 First Request for Production of Documents; and 2. Granting such other and further relief as this Court deems just and proper. Page 1 of 2 FILED: KINGS COUNTY CLERK 05/09/2024 09:43 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 RECEIVED NYSCEF: 05/09/2024 ORDERED that service of a copy of this order to show cause and the papers upon which it was made upon counsel for Defendants by email (to Melanie Wiener at mwiener@abramslaw.com) on or before the ____ day of _______________, 2023, shall be deemed sufficient service thereof; and it is further ORDERED that answering papers, if any, shall be filed by Defendants through the Court’s electronic filing system on or before the ____ day of _______________, 202__; and it is further ORDERED that Plaintiff’s reply papers, if any, shall be served so as to be received by Defendant’s counsel, via electronic filing, on or before the ____ day of _______________, 202__. Dated: ENTERED: __________________________ J.S.C. Page 2 of 2 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 116 RECEIVED NYSCEF: 05/09/2024 12/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BARRY HERSKO, Index No. 519449/2021 Plaintiff, AFFIRMATION OF v. RACHEL L. COHN MORRIS HERSKO and SARA G. HERSKO, Defendants. RACHEL L. COHN, Esq., swears and affirms the following under the penalty of perjury: 1. I am an attorney admitted in New York State, and work in the New York office of the law firm Blank Rome LLP (“Blank Rome”), counsel for Plaintiff, Barry Hersko. I am familiar with the history, facts, and circumstances of this case from my personal handling of this matter and the handling of this matter by others at Blank Rome, and my review of the file. 2. I respectfully submit this Affirmation pursuant to Uniform Rule 202.7(c) and in support of Plaintiff’s motion to compel the production of documents from Defendants Morris Hersko and Sara G. Hersko (together, “Defendants”).1 3. Plaintiff served document requests on Defendants on June 1, 2023, a true and correct copy of which is attached hereto as Exhibit A. On June 20, 2023, Defendants provided written responses and objections to Plaintiff’s requests, a true and correct copy of which is attached hereto as Exhibit B. On the same date, Defendants provided initial documents in response to Plaintiff’s requests for the production of documents. 1 Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Verified Second Amended Complaint (Dkt. No. 79). Page 1 of 5 1 of 5 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 116 RECEIVED NYSCEF: 05/09/2024 12/20/2023 4. Defendants’ document production consisted of 16 documents that had all previously been e-filed in this action in support of Defendants’ earlier motions to dismiss the Complaint and Amended Complaint, respectively. (Dkt. Nos. 10-23, 40-53) Defendants’ production included the TD Mortgage, TD Mortgage quarterly statements from only the period January 2018-Februarly 2019, Grand Bank mortgage and mortgage consolidation documents, and loan payoff statements from the respective mortgages. The production did not include, among other things, the rest of the TD Mortgage statements or any other documents relating to the TD Mortgage, documents reflecting the financial activity of the Properties, documents relating to any efforts to repay the Loan, or documents reflecting communications with Plaintiff’s attorney Abraham Weisel. 5. On June 28, 2023, we delivered to Defendants’ counsel a letter setting forth the deficiencies in Defendants’ document production, requesting supplemental production, and inviting a meet-and-confer. A true and correct copy of Plaintiff’s June 28, 2023 letter is attached as Exhibit C. 6. Despite follow-up inquiries by Plaintiff’s counsel on July 18, 2023, and August 2, 2023, Defendants’ counsel did not provide any substantive response to Plaintiff’s June 28 deficiency letter, did not make any supplemental production, and did not attempt to meet-and- confer concerning the identified deficiencies. 7. On or about July 18, 2023, the Court (Hon. Rachel E. Freier) entered a Case Scheduling Order in this action. (NYSCEF Dkt. No. 81) The Case Scheduling Order provides that depositions of the parties must be completed on or before September 1, 2023. Id. at ¶ 6. The Case Scheduling Order also requires that, within 20 days of the Order, the parties shall confer and agree upon a detailed deposition schedule. Id. Page 2 of 5 2 of 5 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 116 RECEIVED NYSCEF: 05/09/2024 12/20/2023 8. On August 7, 2023, I sent a letter to Defendants’ counsel addressing outstanding discovery, a true and correct copy of which is attached as Exhibit D. Because Defendants had refused to meet and confer up to that point, in that letter, Plaintiff offered a date certain for Plaintiff’s deposition in compliance with the Case Scheduling Order, (Dkt. No. 81), but offered that deposition date subject to completion of Defendants’ document production. Plaintiff again offered to meet and confer concerning the deposition schedule because at that point, Plaintiff still did not know when Defendants would be completing their document production. (Ex. D) 9. Following our August 7 attempt to meet-and-confer, I exchanged multiple emails with Defendants’ counsel on August 8-9, 2023, true and correct copies of which are attached hereto as Exhibit E. In those emails, Defendants’ counsel refused to confirm when Defendants’ document production would be complete or substantively engage on the production deficiencies we had identified in June. 10. After additional requests, Defendants’ counsel finally agreed to meet and confer concerning the outstanding discovery disputes Plaintiff had repeatedly raised. 11. On August 23, 2023, at 10:30 a.m., I participated in a meet-and-confer videoconference with Defendants’ counsel, Melanie Wiener and Anthony Genovesi of Abrams Fensterman LLP. During that call, Defendants’ counsel first represented that Plaintiffs’ document requests were objectionable, specifically stating that Defendants did not understand the meaning of various terms used in the requests. I asked Defendants’ counsel to specify which terms where concerning, confusing, or objectionable so that Plaintiff could attempt to address them. In response, Defendants’ counsel refused to identify any specific term or even any specific document request. Instead, Defendants’ counsel advised for the first time that they consider Defendants’ Page 3 of 5 3 of 5 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 116 RECEIVED NYSCEF: 05/09/2024 12/20/2023 document production to be complete, and that Defendants do not intend to produce any additional documents. 12. During the meet and confer call, Defendants’ counsel took the position that because Defendants deny the existence of the Loan, they are not required to produce any documents that might relate to the Loan. I explained that this position does not excuse Defendants from their discovery obligations and that Plaintiff would seek Court intervention if needed to obtain necessary discovery. 13. As explained further in the accompanying memorandum of law in support of Plaintiff’s motion to compel production of documents, Defendants’ document production is still woefully deficient. It is undisputed that Defendants received the Loan funds, either directly or via an account they maintain at TD Bank. Nonetheless, Defendants refuse to search for or produce documents relating to receipt of the Loan funds, repayment of the Loan funds, financial activity of the Properties which the Loan funds allowed them to acquire, and communications relating to Defendants’ receipt of the Loan funds, all of which are relevant to the claims and defenses asserted in Plaintiff’s Second Amended Complaint. 14. No prior request has been made for the relief sought herein. Dated: December 19, 2023 New York, New York Rachel L. Cohn, Esq. Page 4 of 5 4 of 5 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 116 RECEIVED NYSCEF: 05/09/2024 12/20/2023 CERTIFICATE OF COMPLIANCE This affirmation complies with the word count limitation of Rule 202.8-b of the Uniform Rules for the Supreme Court of the State of New York because it contains 942 words, exclusive of the caption and signature block. /s/ Rachel L. Cohn Rachel L. Cohn Page 5 of 5 5 of 5 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 117 RECEIVED NYSCEF: 05/09/2024 12/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BARRY HERSKO, Plaintiff, Index No.: 519449/2021 v. PLAINTIFF’S FIRST REQUEST FOR MORRIS HERSKO and SARA G. HERSKO, PRODUCTION OF DOCUMENTS Defendants. PLEASE TAKE NOTICE that, pursuant to Article 31 of the New York Civil Practice Law and Rules, Plaintiff Barry Hersko (“Plaintiff”), by his attorneys, Blank Rome LLP, hereby demands that Defendants Morris Hersko and Sara G. Hersko (together, “Defendants”) produce the following documents for inspection and copying within twenty (20) days of service of this demand, at the offices of Blank Rome LLP, 1271 Avenue of the Americas, New York, New York, 10020. DEFINITIONS 1. “Document(s)” shall have the broadest meaning possible under the applicable laws of the State of New York, including but not limited to all originals, non-identical copies and drafts of any written, printed, handwritten, recorded or graphic matter of any kind, however produced or reproduced, and regardless of where located, including but not limited to any work paper, worksheet, ledger, analysis, correspondence, memorandum, note, research, checklist, opinion, minutes, inter-office or intra-office communications, e-mail message, report, chart, graph, summary, index, diary, desk or pocket calendar, notebook, any magnetic or other recording tape, computer data (including information or programs stored in a computer, whether or not printed out or displayed), photograph, microfiche, microfilm, videotape, record or motion picture, and electronic, mechanical, or electrical record or representation of any kind, including but not limited to tape, cassette, disc, magnetic card or recording. The word “document” shall also include the 1 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 117 RECEIVED NYSCEF: 05/09/2024 12/20/2023 file folders in which said documents are maintained and any table of contents or index thereto, and copies of documents of which the originals have been destroyed pursuant to a document destruction policy or otherwise. 2. “Communication(s)” means any document constituting, evidencing, memorializing, recording, summarizing or transcribing any transmission or exchange of any information, whether written, oral, electronic, non-electronic, recorded, graphic, or in any other medium (whether formal or informal), and including, but not limited to, e-mail, and any and all attachments thereto, and other electronic methods of communication including text messaging, messaging through applications such as WhatsApp, and instant messaging through applications. 3. “Relating to” means concerning, relating to, referring to, in connection with, commenting on, pertaining to, responding to, supporting, mentioning, containing, evidencing, showing, identifying, memorializing, describing, analyzing, reflecting, comprising, or constituting. 4. “You,” “Your,” and “Defendants” means defendants Morris Hersko and/or Sara G. Hersko, jointly or independently, and anyone acting on behalf of one or both of them. 5. “Barry” means plaintiff Barry Hersko. 6. “Condo” means the residential condominium unit purchased by Defendants located at 2039 57th Street, Brooklyn, New York, 11204, Block 5495, Lot 1202. 7. “House” means the house purchased by Defendants at 1963 63rd Street, Brooklyn, New York, 11204, Block 5534, Lot 53. 8. “TD Mortgage” means the credit line mortgage entered into in or around 2010 between Defendants and TD Bank, N.A., secured by the Condo. 9. “Grand Mortgage” means the mortgage agreement entered into on or about 2 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 117 RECEIVED NYSCEF: 05/09/2024 12/20/2023 February 29, 2012, between Defendants and Grand Bank, N.A and/or Mortgage Electronic Registration Systems, Inc., secured by the House. 10. “HELOC” refers to the credit line and New York Credit Line Mortgage (Open- End) that Defendants opened with Santander Bank on or about July 1, 2016. 11. “Answer” refers to the April 27, 2023 Verified Answer submitted by Defendants in the above-captioned action and any subsequent, supplemental, or revised Answer Defendants submit in this action. INSTRUCTIONS 1. If a Request requires the production of a part or portion of a document, you shall produce the entire document. 2. Where possible, your response should include the production of documents, data, and/or images in electronic form, together with such information as will allow the opening, sorting, and manipulation of the data. 3. Documents called for by these Requests include all documents pertaining to the indicated subject regardless of whether a particular document has been superseded, amended, revised, rewritten, redrafted, rejected, or rendered obsolete. 4. If any document requested herein was formerly in your possession, custody, or control and has been lost, destroyed, or otherwise disposed of, you shall submit, in lieu of any such document, a written statement: a. describing in detail the nature of the document and its contents; b. identifying the person(s) who prepared or authored the document, and, if applicable, the person(s) to whom the document was sent; c. specifying the date on which the document was prepared or transmitted; and 3 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 117 RECEIVED NYSCEF: 05/09/2024 12/20/2023 d. specifying the date on which the document was lost or destroyed and, if destroyed, the conditions of and reasons for such destruction and the person(s) requesting and performing the destruction. 5. If any document requested herein is withheld on the basis of any claim of privilege, work product doctrine, exemption, or otherwise, you shall submit, in lieu of any such document, a written statement: a. identifying the person(s) who prepared or authored the document, and, if applicable, the person(s) to whom the document was sent or shown; b. specifying the date on which the document was prepared or transmitted; c. describing the nature and subject matter of the document; d. stating briefly why the document is claimed to be privileged or otherwise protected from disclosure; and e. identifying the specific Request(s) to which the document relates. 6. If a portion of an otherwise responsive document contains information subject to a claim of privilege, only that portion of the document subject to the claim of privilege shall be deleted or redacted from the document following the instructions in the preceding paragraph and the rest shall be produced. 7. All documents are to be produced as they are kept in the ordinary course of business or are to be organized and labeled to correspond with the categories in these Requests. The method of production of each category is to be identified at the time of production. 8. Each Request shall be deemed continuing so as to require prompt supplemental responses if you obtain or discover additional documents between the time of initial production and the time of deposition, settlement, or trial. 4 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 117 RECEIVED NYSCEF: 05/09/2024 12/20/2023 9. All references to the singular shall be construed to include the plural and all references to the plural shall be construed to include the singular. 10. The terms “all” and “each” shall be construed as all and each. 11. The connectives “and” and “or” shall be construed as necessary to bring within the scope of the Request all responses that might otherwise be construed to be outside of its scope. 12. Unless otherwise specified in a specific Request, the time period for these requests is September 1, 2011 to the present. REQUESTS FOR PRODUCTION 1. All documents and communications relating to Defendants needing funds to facilitate purchasing the Condo. The relevant time period for this Request is January 1, 2008 to the present. 2. All documents and communications reflecting all sources of funds used to purchase or facilitate the purchase of the Condo. The relevant time period for this Request is January 1, 2008 to the present. 3. All documents and communications relating to Defendants needing funds to facilitate purchasing the House. 4. All documents and communications reflecting all sources of funds used to purchase or facilitate the purchase of the House. 5. All documents and communications reflecting the sources of funds used to facilitate or otherwise pay for any construction work performed on the Condo or House. 6. All documents and communications relating to any request for money that Defendants made to Plaintiff, directly or indirectly. 7. All documents and communications relating to any offer by Barry to give or loan 5 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 117 RECEIVED NYSCEF: 05/09/2024 12/20/2023 money to Defendants, directly or indirectly. 8. All documents and communications relating to any funds you paid to Barry, directly or indirectly. 9. All documents and communications relating to checks you wrote or addressed to Barry, or any entity owned or controlled by Barry, including, but not limited to, any ledgers or notations relating to such checks and any communications with any third party relating to such checks. 10. All documents and communications exchanged between you, and Abraham Weisel or anyone acting on behalf of The Law Offices of Abraham Weisel Esq. PLLC. 11. All documents and communications relating to the TD Mortgage including, but not limited to, Defendants’ mortgage statements, documents reflecting Defendants’ use of proceeds from the TD Mortgage, and documents reflecting all payments made to TD Bank, N.A. or any affiliate relating to the TD Mortgage. The relevant time period for this Request is January 1, 2010 to the present. 12. All documents and communications relating to the Grand Mortgage including, but not limited to, Defendants’ mortgage statements, documents reflecting Defendants’ use of proceeds from the Grand Mortgage, and documents reflecting all payments made to Grand Bank, N.A. or any affiliate relating to the Grand Mortgage. 13. All documents and communications relating to Defendants’ use of the proceeds from the TD Mortgage. 14. All documents and communications relating to Defendants’ use of the proceeds from the Grand Mortgage. 15. All documents and communications relating to any financial activity for the Condo 6 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 117 RECEIVED NYSCEF: 05/09/2024 12/20/2023 including, but not limited to, bank and other records reflecting any mortgage or other loan for which the Condo serves as security, any liens impacting the Condo, and any income received by Defendants or anyone acting on behalf of Defendants generated in connection with the Condo. The relevant time period for this Request is January 1, 2008 to the present. 16. All documents and communications relating to any financial activity for the House including, but not limited to, bank and other records reflecting any mortgage or other loan for which the House serves as security, any liens impacting the House, and any income received by Defendants or anyone acting on behalf of Defendants generated in connection with the House. 17. All documents and communications relating to any efforts by Defendants, or any person or entity acting on Defendants’ behalf, to sell the Condo. 18. All documents and communications relating to any agreement or promise that you claim was made by or on behalf of Barry that had the effect of reducing or forgiving any loan or payment for the House or Condo that is claimed by Defendants. 19. Documents confirming all payments made to Barry concerning the House or Condo. 20. Documents reflecting all loan or mortgage payments made for or on behalf of the House or Condo. 21. All documents concerning the credit line (HELOC) opened with Santander Bank including all bank statements reflecting such draws from and payments to the HELOC. 22. All documents concerning the consolidation of debt with Arc Home LLC as set forth in the May 9, 2022 Affirmation of Morris Hersko. 23. All documents specifically referenced or referred to in the May 9, 2022 Affirmation of Morris Hersko. 7 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 117 RECEIVED NYSCEF: 05/09/2024 12/20/2023 24. All documents and communications that purport to support any affirmative defense you asserted in the Answer or that you intend to assert in this action. 25. To the extent not otherwise produced or requested, all documents that you intend to rely on at any proceeding or hearing in support of any claim or defense in this action. Dated: June 1, 2023 BLANK ROME LLP New York, New York By: /s/ Craig M. Flanders Craig M. Flanders Samuel D. Levy Rachel L. Cohn 1271 Avenue of the Americas New York, New York 10020 Tel.: 212-885-5000 Fax: 212-885-5001 craig.flanders@blankrome.com samuel.levy@blankrome.com rachel.cohn@blankrome.com Attorneys for Plaintiff Barry Hersko 8 FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 118 RECEIVED NYSCEF: 05/09/2024 12/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BARRY HERSKO, Index No.: 519449/2021 Plaintiff, DEFENDANTS’ RESPONSE TO -against- PLAINTIFF’S FIRST DEMAND FOR DOCUMENTS MORRIS HERSKO and SARA G. HERSKO, Defendants. Defendants Morris Hersko (“Morris”) and Sara G. Hersko (“Sara”) (collectively “Responding Parties”) by and through their undersigned counsel, Abrams Fensterman, LLP hereby respond and object to Plaintiff Barry Hersko’s (“Plaintiff”) First Request for the Production of Documents (referred to as “Requests” and individually referred to as ‘Request”) as follows: GENERAL OBJECTIONS 1. The Responding Parties object to the Requests to the extent that they call for the disclosure of documents and information protected by the attorney-client privilege, attorney-work product privilege, and/or other privileges. 2. The Responding Parties object to the Requests to the extent that they call for the disclosure of documents and information prepared in anticipation of litigation and/or trial preparation material. 3. The Responding Parties object to the Requests to the extent that they seek documents and information not relevant to the issues raised in this matter and to the extent that they are not reasonably calculated to lead to the discovery of admissible evidence. 4. The Responding Parties object to the Requests to the extent that they are vague and ambiguous. FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 118 RECEIVED NYSCEF: 05/09/2024 12/20/2023 5. The Responding Parties object to the Requests to the extent that they are overly broad, unduly burdensome and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Defendant’s knowledge, possession and/or control. 6. The Responding Parties object to the Requests to the extent that they seek disclosure of opinions, mental impressions, conclusions or legal theories of the Parties object or its counsel or other representatives. 8. The Responding Parties object to the Requests to the extent that they are redundant and duplicative of one another. 9. The Responding Parties object to the Requests to the extent that they purport to require the Responding Parties to locate or identify documents and information that are not in its possession, custody or control. 10. The Responding Parties reserve the right to redact irrelevant, confidential or privileged information in any document produced by the Responding Parties. 11. Nothing herein shall be construed as an admission by the Responding Parties with respect to the admissibility or relevance of any fact or document, or of the truth or accuracy of any characterization or document of any kind. 12. These responses do not, in any way, waive any privilege or protection by the inadvertent production of information or documentation subject thereto and the Responding Parties reserves the right to Request the return thereof. 13. These responses are based upon information available at the present time from the files of the Responding Parties. The Responding Parties reserve the right to supplement, amend FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 118 RECEIVED NYSCEF: 05/09/2024 12/20/2023 or correct these responses in the event that future discovery reveals facts that would justify such supplementation, correction or amendment. 14. These General Objections apply to each and every response, whether specifically described and mentioned in the response or not. RESPONSE TO REQUESTED DOCUMENTS Request No. 1: All documents and communications relating to Defendants needing funds to facilitate purchasing the Condo. The relevant time period for this Request is January 1, 2008 to the present. Response to Request No. 1: The Responding Parties object to this Request on the grounds that it is vague, overly broad and unduly burdensome without limitation and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Plaintiff’s knowledge, possession and/or control. Subject to the foregoing General and Specific Objections, and without waiving same, the Responding Parties respond: any responsive documents in the possession, custody or control of the Responding Parties shall be produced. Request No. 2: All documents and communications reflecting all sources of funds used to purchase or facilitate the purchase of the Condo. The relevant time period for this Request is January 1, 2008 to the present. Response to Request No. 2: The Responding Parties object to this Request on the grounds that it is vague, overly broad and unduly burdensome without limitation and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Plaintiff’s knowledge, possession FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 118 RECEIVED NYSCEF: 05/09/2024 12/20/2023 and/or control. Subject to the foregoing General and Specific Objections, and without waiving same, the Responding Parties respond: any responsive documents in the possession, custody or control of the Responding Parties shall be produced. Request No. 3: All documents and communications relating to Defendants needing funds to facilitate purchasing the House. Response to Request No. 3: The Responding Parties object to this Request on the grounds that it is vague, overly broad and unduly burdensome without limitation and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Plaintiff’s knowledge, possession and/or control. Subject to the foregoing General and Specific Objections, and without waiving same, the Responding Parties respond: any responsive documents in the possession, custody or control of the Responding Parties shall be produced. Request No. 4: All documents and communications reflecting all sources of funds used to purchase or facilitate the purchase of the House. Response to Request No. 4: The Responding Parties object to this Request on the grounds that it is vague, overly broad and unduly burdensome and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Plaintiff’s knowledge, possession and/or control. Subject to the foregoing General and Specific Objections, and without waiving same, the Responding Parties respond: any responsive documents in the possession, custody or control of the Responding Parties shall be produced. FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 118 RECEIVED NYSCEF: 05/09/2024 12/20/2023 Request No. 5: All documents and communications reflecting the sources of funds used to facilitate or otherwise pay for any construction work performed on the Condo or House. Response to Request No. 5: The Responding Parties object to this Request on the grounds that it is vague, overly broad and unduly burdensome and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Plaintiff’s knowledge, possession and/or control. The Responding Parties object to this Request on the grounds that it is duplicative and redundant. Subject to the foregoing General and Specific Objections, and without waiving same, the Responding Parties respond: any responsive documents in the possession, custody or control of the Responding Parties shall be produced. Request No. 6: All documents and communications relating to any request for money that Defendants made to Plaintiff, directly or indirectly. Response to Request No. 6: The Responding Parties object to this Request on the grounds that it is vague, overly broad and unduly burdensome and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Plaintiff’s knowledge, possession and/or control. The Responding Parties object to this Request on the grounds that it is duplicative and redundant. Subject to the foregoing General and Specific Objections, and without waiving same, the Responding Parties respond: any responsive documents in the possession, custody or control of the Responding Parties shall be produced. Request No. 7: FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. NO. 207 118 RECEIVED NYSCEF: 05/09/2024 12/20/2023 All documents and communications relating to any offer by Barry to give or loan money to Defendants, directly or indirectly. Response to Request No. 7: The Responding Parties object to this Request on the grounds that it is vague, overly broad and unduly burdensome and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Plaintiff’s knowledge, possession and/or control. Subject to the foregoing General and Specific Objections, and without waiving same, the Responding Parties respond: any responsive documents in the possession, custody or control of the Responding Parties shall be produced. Request No. 8: All documents and communications relating to any funds you paid to Barry, directly or indirectly. Response to Request No. 8: The Responding Parties object to this Request on the grounds that it is vague, overly broad and unduly burdensome and/or oppressive, including, without limitation, to the extent that they seek documents and information already within Plaintiff’s knowledge, possession and/or control. Subject to the foregoing General and Specific Objections, and without waiving same, the Responding Parties respond: any responsive documents in the possession, custody or control of the Responding Parties shall be produced. Request No. 9: All documents and communications relating to checks you wrote or addressed to Barry, or any entity owned or controlled by Barry, including, but not limited to, any ledgers or notations relating to such checks and any communications with any third party relating to such checks. FILED: KINGS COUNTY CLERK 05/09/2024 12/20/2023 09:43 02:34 PM INDEX NO. 519449/2021 NYSCEF DOC. N