FILED: NEW YORK COUNTY CLERK 05/07/2012 INDEX NO /2011 NYSCEF DOC. NO RECEIVED NYSCEF: 05/07/2012

Transcription

1 FILED: NEW YORK COUNTY CLERK 05/07/2012 INDEX NO /2011 NYSCEF DOC. NO RECEIVED NYSCEF: 05/07/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HILARY KOLODIN, p/k/a HILARY KOLE, Index No.: /2011 v. Plaintiff, DOCUMENT REQlTESTS TO PLAINTIFF JOHN R. VALENTI, a/k/a GIANNI VALENTI, JAYARVEE, INC., d/b/a BIRDLAND, and HOWARD WEISS, Defendants. PLEASE TAKE NOTICE that, pursuant to Article 31 ofthe New York Civil Practice Law and Rules, Defendants John R. Valenti, ajkia Gianni Valenti and Jayarvee, Inc., d/b/a Birdland ("Defendants"), by and through their attorneys, Hanly COllOY Bierstein Sheridan Fisher & Hayes LLP, hereby request that Plaintiff Hilary Kolodin, p/k/a Hilary Kole ("Plaintiff') respond to the following requests for the production of documents within twenty (20) days after service ofthis notice. Production shall take place at the offices of Hanly COllOY Bierstein Sheridan Fisher & Hayes LLP, 112 Madison Avenue, New York, New York DEFINITIONS The following definitions and instructions are applicable to all requests contained herein: 1. "Documents" has the broadest meaning accorded to it by CPLR 3120 and includes, without limitation, writings, drawings, graphs, charts, photographs, phone records, e- mails, text messages, blog posts, social media posts and any other data compilations, electronic or manual, from which information can be obtained, translated, if necessary, by the respondent

2 through detection devices into reasonably usable form. A draft or non-identical copy is a separate document within the meaning of this term. "Documents" includes electronic forms of documents, such as , text messages, blog posts, social media posts, word processing documents and files, spreadsheets, and databases, whether or not they have ever been reduced to or printed upon paper or other "hard copy" media. 2. "Person" is defined as any natural person or any business, legal or governmental entity or association. 3. "Communication" means the transmittal of information (in the form of facts, ideas, inquiries or otherwise). 4. "Concerning" means relating to, referring to, describing, evidencing, constituting, or having any legal or logical connection with a particular person or thing. 5. "Identify," with respect to a natural perscin, means to give, to the extent known, the person's full name, the person's last known address and telephone number, and that person's last known place of employment. 6. "Identify," with respect to documents and things, means to give the extent known, the type of document or thing, a description of the thing such that it is easily identifiable upon inspection, the date the document was created, the subj ect matter of the document or thing, and the current and/or last known location of the document or thing. 7. The terms "Plaintiff' and "Defendant" as well as a party's full or abbreviated name or a pronoun referring to a party mean that party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to this litigation. "You" or "Your," refers to Defendant.

3 8. Reference to any gender includes the other gender. 9. The terms "all" and "each" shall be construed as all and each. 10. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 11. The use of the singular form ofany word includes the plural and vice versa. 12. "Complaint" means Plaintiffs First Amended Complaint in this action. 13. All other capitalized tern1s shall have the meanings ascribed to them in the Complaint. INSTRUCTIONS 1. All responses must be in writing. 2. All objections must be in writing and you must state the nature of your objection with particularity. 3. In the event that a request seeks a document that is no longer in existence, please provide the following information as completely as possible: (i) author(s); (ii) recipient(s); (iii) sender(s); (iv) subject matter; (v) date prepared or received; (vi) date of disposal; (vii) manner of disposal; (viii) reason for disposal; (ix) person(s) authorizing the disposal; (x) persons having knowledge of the disposal; and (xi) persons disposing of the document. 4. The time period covered by these requests is July 1,2003 to the date of your response, unless otherwise specified. 5. These requests are continuing in nature. If more information becomes available subsequent to your initial answer, or if your initial answer changes subsequent to service ofyour

4 responses, you are required to update your responses to these requests pursuant to CPLR 3101 (h). DOCUMENT REQUESTS CONTRACTS 1. All contracts, agreements, correspondence and/or writings between You and Valenti, from July 1, 2003 to the present. 2. All contracts, agreements, correspondence and/or writings between You and Jayarvee, from July 1, 2003 to the present. 3. Any and all documents concerning the Recording Contract referenced in Your Complaint. 4. Any and all documents concerning the Management Contract referenced in Your Complaint. 5. Any and all documents concerning the album Haunted Heart as referenced in paragraph 51 of Your Complaint. 6. Any and all documents that support your allegation that you and Valenti used your "mutually and jointly owned funds from their joint checking account to pay for the recording of Haunted Heart" as alleged in paragraph 52 of Your Complaint. 7. Any and all documents that support your allegation that you "provided funds for the recording ofhaunted Heart based, in part, on defendant Valenti's promise that he recognized [you] as a co-owner of those recordings" as alleged in paragraph 53 of Your Complaint. 8. Any and all documents concerning the album You are There as referenced in paragraph 54 of Your Complaint.

5 9. Any and all documents that support your allegation that you and Valenti used your "mutually and jointly owned funds from their joint checking account to pay for the recording of You are There" as alleged in paragraph 55 of Your Complaint. 10. Any and all documents that support your allegation that you "provided funds for the recording of You are There based, in part, on defendant Valenti's promise that he recognized [you] as a co-owner of those recordings" as alleged in paragraph 56 of Your Complaint. 11. Any and all documents concerning the album Moments Like This as referenced in paragraph 57 of Your Complaint. 12. Any and all documents that support your allegation that you "have an ownership interest" in Moments Like This, You are There, Haunted Heart, and the "four songs recorded with Oscar Peterson" as alleged in paragraphs of Your Complaint. 13. Any and all documents concerning the "masters to the four tracks recorded by the Plaintiff with Oscar Peterson" as referenced in paragraph 59 of Your Complaint. DIARIES/CALENDARS 14. Copies ofall diaries, logs, journals, or other recordings of events in your light for the period since July 1, All appointn1ent calendars, and other documents that would indicate any information about appointments made or kept by you for any event in your life since July 1, PARTIES 16. All documents concerning Jayarvee. 17. All documents concerning Valenti. 18. All documents concerning Defendant Weiss.

6 COMMUNICATIONS/TRO 19. All written and/or recorded statements, correspondence, memoranda, notes or other documents, whether signed or unsigned, transcribed or not transcribed, made by You to any person or entity (other than Your Attorney) pertaining to the events alleged in your Con1plaint, or the alleged damages arising from the events. 20. All written and/or recorded statements, correspondence, memoranda, notes or other documents, whether signed were unsigned, transcribed or not transcribed, made by any Defendant, including Defendant Weiss, to any person or entity pertaining to the events alleged in your complaint, or the alleged damages arising from the events. 21. All written and!or recorded statements, correspondence, memoranda, notes or other documents, whether signed were unsigned, transcribed or not transcribed, made by any non-party to any person 0r entity pertaining to the events alleged in your complaint, or the alleged damages arising from the events. 22. Any and all docun1ents concerning the original Birdland Yamaha piano as referenced in Your Complaint. 23. Any and all documents concerning and/or constituting the "temporary order of protection" as referenced in paragraph 126 of Your Complaint. FINANCES 24. All documents concerning your earned or unearned income, including gifts received, from 2000 to the present, including pay stubs, canceled checks, federal and state income tax returns, and bank statements. 25. Any and all documents concerning the "joint checking account" as alleged in paragraph 26 ofyour Complaint.

7 26. Any and all documents concerning the "Ben1stein accounts" as referenced in paragraph 42 of Your Complaint. 27. Any and all documents concerning any checking, savings, and/or retirement account in which you presently claim an ownership interest. 28. Any and all documents concerning any checking, savings, and/or retirement account which ever has been or presently is in your name, whether singularly or jointly. 29. All documents concerning any and all credit card accounts that are in your name or in the name of Valenti from July 1, 2003 to the present. 30. Any and all documents that support Your allegation that You and Valenti shared "common day to day purchases." 31. Any and all documents that support Your allegation that You and Valenti "commingled [your] income." 32. Any and all documents that support Your allegation that "using [your] commingledjoint assets, [you] purchased approximately $50, worth of furniture for two residences and [you] created and established an investment portfolio at Sanford C. Bernstein & Co., LLC., including ajoint investment account with right of survivorship. " 33. Any and all documents concerning the "$50, worth of furniture" as alleged in paragraph 25 of your Complaint. 34. All documents that support your allegation that you have an ownership interest in Jayarvee, as alleged in paragraph 195 of Your Complaint. 35. Any and all documents that support your allegation that you have a "legal ownership interest in all of the above-referenced Sanford C. Bernstein & Co., LLC accounts" as alleged in paragraph 185 of Your Complaint.

8 36. Copies of all of your American Express or other credit card statements for the period September 2003 to date. VIDEOS/PHOTOS/ S 37. Any and all documents constituting and/or concerning the "Video #1" as referenced in paragraph 60 of your Complaint. 38. Any and all documents constituting and/or concerning the "Video #2" as referenced in paragraph 71 of your Complaint. 39. Any and all documents constituting and/or concerning the "photographs" as referenced in paragraph 78 ofyour Complaint. 40. Any and all documents constituting and/or concerning the "various messages from the Plaintiffs cell phone" as referenced in paragraph 94 of your Complaint. 41. Any and all docun1ents concerning the "Plaintiffs Apple computer" as referenced in paragraph 69 of your Complaint. RESIDENCES 42. Any and all documents concerning 1680 York Avenue, New York, New York as referenced in Your Complaint. 43. Any and all documents concerning 2 South Valley Road, Hampton Bays, New York as referenced in Your Complaint. 44. Any and all documents that support your allegation that you "from time to time, paid the rent for the 1680 York Avenue apartment" and/or that you "contributed funds for the payment ofmonthly rental payments and maintenance payments for the apartment at 1680 York Avenue" as alleged in paragraphs 32 and 33 of the Complaint.

9 45. Any and all documents that support your allegation in paragraph 34 of your Complaint that "the Plaintiff contributed funds for the payment ofmonthly rental payments for the apartment at 1680 York Avenue based on promises by defendant Valenti that he recognized [you] as a co-owner ofthe right to occupy their apartment located at 1680 York Avenue." 46. Any and all documents that support your allegation in paragraph 35 ofyour Complaint that "the Plaintiff contributed funds for the payment ofvarious expenses at the residence located at 2 South Hampton Road, Hampton Bays, New York." 47. Any and all documents that support your allegation in paragraph 36 of your Complaint that "the Plaintiffcontributed funds for the payn1ent ofvarious expenses at the residence located at 2 South Hampton Road, Hampton Bays, New York based on promises by defendant Valenti that he recognized [you] as a co-owner ofthe property." 48. Any and all documents concerning Your "new apartment" as referenced in paragraph 112 of Your Complaint. 49. Any and all documents concerning the "home in Florida" as referenced in paragraph 109 of Your Complaint. 50. Any and all documents concerning Your "79 year old father" as referenced in paragraph 109 of Your Complaint. FACEBOOK 51. For each Facebook account maintained by you, please produce your account data for the period ofjanuary 1, 2003 through the present. You may download and print your Facebook data by logging onto your Facebook account, selecting "Account Settings" under the "Home" tab on your homepage, clicking on the" "Download a Copy" link, and following the directions on the "Download Your Information" page.

10 ASSAULT/BATTERY 52. Any and all documents that support your claim for Assault against Valenti. 53. Any and all documents that support your claim for Battery against Valenti. CONVERSION 54. Any and all documents concerning "Justin Time Records" as referenced in paragraph 175 of Your Con1plaint. 55. Any and all documents concerning the "check, payable to Hilary Kole" as referenced in paragraph 175 of Your Complaint. MISCELLANEOUS 56. Any other docun1ents concerning any allegation in your complaint which have not been produced in response to these requests for production of documents. Dated: New York, New York April 5,2012 HANLY CONROY BIERSTEIN SHERIDAN FISHER & HAYES LLP By: _ Paul J. Hanly, Jr. phanly@hanlyconroy.com Jayne Conroy jconroy@hanlyconroy.com 112 Madison Avenue New York, NY (212) (Main) (212) (Direct) (212) (Fax) Attorneysfor Defendants John R. Valenti and Jayarvee, Inc.

11 TO: LEWIS and GARBUZ, P.C. Attn: Lawrence I. Garbuz, Esq. 60 East 42 0d Street, Suite 4700 New York, NY Attorneys for Plaintiff LANDMAN CORSI BALLAINE & FORD, P.C. Attn: Stephen Jacobs, Esq. 120 Broadway New York, NY Attorneysfor Defendant Howard Weiss

12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HILARY KOLODIN, p/k/a HILARY KOLE, Index No.: v. Plaintiff, DOCUMENT REQUESTS TO PLAINTIFF JOHN R. VALENTI, a1k/a GIANNI VALENTI, JAYARVEE, INC., d/b/a BIRDLAND, and HOWARD WEISS, Defendants. PLEASE TAKE NOTICE that, pursuant to Article 31 ofthe New York Civil Practice Law and Rules, Defendants John R. Valenti, ajkia Gianni Valenti and Jayarvee, Inc., d/b/a Birdland ("Defendants"), by and through their attorneys, Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, hereby request that Plaintiff Hilary Kolodin, p/k/a Hilary Kole ("Plaintiff') respond to the following requests for the production of documents within twenty (20) days after service of this notice. Production shall take place at the offices of Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, 112 Madison Avenue, New York, New York DEFINITIONS The following definitions and instructions are applicable to all requests contained herein: 1. "Documents" has the broadest meaning accorded to it by CPLR 3120 and includes, without limitation, writings, drawings, graphs, charts, photographs, phone records, e- mails, text messages, blog posts, social media posts and any other data compilations, electronic or manual, from which information can be obtained, translated, ifnecessary, by the respondent

13 through detection devices into reasonably usable fonn. A draft or non-identical copy is a separate document within the meaning of this term. "Documents" includes electronic fonns of documents, such as , text messages, blog posts, social media posts, word processing documents and files, spreadsheets, and databases, whether or not they have ever been reduced to or printed upon paper or other "hard copy" media. 2. "Person" is defined as any natural person or any business, legal or governmental entity or association. 3. "Communication" means the transn1ittal of information (in the form of facts, ideas, inquiries or otherwise). 4. "Concerning" means relating to, referring to, describing, evidencing, constituting, or having any legal or logical colmection with a particular person or thing. 5. "Identify," with respect to a natural person, means to give, to the extent known, the person's full name, the person's last known address and telephone number, and that person's last known place of employment. 6. "Identify," with respect to documents and things, means to give the extent known, the type of document or thing, a description of the thing such that it is easily identifiable upon inspection, the date the document was created, the subject matter ofthe document or thing, and the current and/or last known location ofthe document or thing. 7. The terms "Plaintiff' and "Defendant" as well as a party's full or abbreviated name or a pronoun referring to a party mean that party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to this litigation. "You" or "Your," refers to Defendant.

14 8. Reference to any gender includes the other gender. 9. The terms "all" and "each" shall be construed as all and each. 10. The connectives "and'~ and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 11. The use of the singular form of any word includes the plural and vice versa. 12. "Complaint" means Plaintiffs First Amended Complaint in this action. 13. All other capitalized terms shall have the meanings ascribed to them in the Complaint. INSTRUCTIONS 1. All responses must be in writing. 2. All objections must be in writing and you must state the nature of your objection with particularity. 3. In the event that a request seeks a document that is no longer in existence, please provide the following information as completely as possible: (i) author(s); (ii) recipient(s); (iii) sender(s); (iv) subject matter; (v) date prepared or received; (vi) date of disposal; (vii) manner of disposal; (viii) reason for disposal; (ix) person(s) authorizing the disposal; (x) persons having knowledge of the disposal; and (xi) persons disposing of the document. 4. The time period covered by these requests is July 1, 2003 to the date of your response, unless otherwise specified. 5. These requests are continuing in nature. If more information becomes available subsequent to your initial answer, or if your initial answer changes subsequent to service of your

15 responses, you are required to update your responses to these requests pursuant to CPLR 3101 (h). DOCUMENT REQUESTS CONTRACTS 1. All contracts, agreements, correspondence and/or writings between You and Valenti, from July 1, 2003 to the present. 2. All contracts, agreements, correspondence and/or writings between You and Jayarvee, from July 1, 2003 to the present. 3. Any and all documents concerning the Recording Contract referenced in Your Complaint. 4. Any and all documents concerning the Management Contract referenced in Your Complaint. 5. Any and all documents concerning the album Haunted Heart as referenced in paragraph 51 of Your Complaint. 6. Any and all documents that support your allegation that you and Valenti used your "mutually and jointly owned funds from their joint checking account to pay for the recording of Haunted Heart" as alleged in paragraph 52 of Your Complaint. 7. Any and all documents that support your allegation that you "provided funds for the recording of Haunted Heart based, in part, on defendant Valenti's promise that he recognized [you] as a co-owner ofthose recordings" as alleged in paragraph 53 of Your Complaint. 8. Any and au documents concerning the album You are There as referenced in paragraph 54 of Your Complaint.

16 9. Any and all documents that support your allegation that you and Valenti used your "mutually and jointly owned funds from their joint checking account to pay for the recording of You are There" as alleged in paragraph 55 of Your Complaint. 10. Any and all documents that support your allegation that you "provided funds for the recording of You are There based, in part, on defendant Valenti's promise that he recognized [you] as a co-owner ofthose recordings" as alleged in paragraph 56 of Your Complaint. 11. Any and all documents concerning the album Moments Like This as referenced in paragraph 57 of Your Complaint. 12. Any and all docunlents that support your allegation that you "have an ownership interesf' in Moments Like This, You are There, Haunted Heart, and the "four songs recorded with Oscar Peterson" as alleged in paragraphs of Your Complaint. 13. Any and all documents concerning the "masters to the four tracks recorded by the Plaintiffwith Oscar Peterson" as referenced in paragraph 59 of Your Complaint. DIARIES/CALENDARS 14. Copies ofall diaries, logs, journals, or other recordings ofevents in your light for the period since July 1, All appointment calendars, and other documents that would indicate any information about appointments made or kept by you for any event in your life since July 1, PARTIES 16. All documents concerning Jayarvee. 17. All documents concerning Valenti. 18. All documents concerning Defendant Weiss.

17 CQMMUNICATIONSITRO 19. All written and/or recorded statements, correspondence, memoranda, notes or other documents, whether signed or unsigned, transcribed or not transcribed, made by You to any person or entity (other than Your Attorney) pertaining to the events alleged in your Complaint, or the alleged damages arising from the events. 20. All written and/or recorded statements, correspondence, memoranda, notes or other documents, whether signed were unsigned, transcribed or not transcribed, made by any Defendant, including Defendant Weiss, to any person or entity pertaining to the events alleged in your con1plaint, or the alleged damages arising from the events. 21. All written and/or recorded statements, correspondence, memoranda, notes or other documents, whether signed were unsigned, transcribed or not transcribed, made by any non-party to any person or entity pertaining to the events alleged in your complaint, or the alleged damages arising from the events. 22. Any and all documents concerning the original Birdland Yamaha piano as referenced in Your Complaint. 23. Any and all documents concerning andlor constituting the "temporary order of protection" as referenced in paragraph 126 of Your Complaint. FINANCES 24. All documents concerning your earned or unearned income, including gifts received, from 2000 to the present, including pay stubs, canceled checks, federal and state income tax returns, and bank statements. 25. Any and all documents concerning the "joint checking account" as alleged in paragraph 26 of your Complaint.

18 26. Any and all documents concerning the "Bernstein accounts" as referenced in paragraph 42 of Your Complaint. 27. Any and all documents concerning any checking, savings, and/or retirement account in which you presently claim an ownership interest. 28. Any and all documents concerning any checking, savings, and/or retirement account which ever has been or presently is in your name, whether singularly or jointly. 29. All documents concerning any and all credit card accounts that are in your name or in the name of Valenti from July 1, 2003 to the present. 30. Any and all documents that support Your allegation that You and Valenti shared "common day to day purchases." 31. Any and all documents that support Your allegation that You and Valenti "commingled [your] income." 32. Any and all documents that support Your allegation that "using [your] commingled joint assets, [you] purchased approximately $50, worth offurniture for two residences and [you] created and established an investment portfolio at Sanford C. Bernstein & Co., LLC., including a joint investment account with right of survivorship. " 33. Any and all documents concerning the "$50, worth offurniture" as alleged in paragraph 25 of your Complaint. 34. All documents that support your allegation that you have an ownership interest in Jayarvee, as alleged in paragraph 195 of Your Complaint. 35. Any and all documents that support your allegation that you have a "legal ownership interest in all of the above-referenced Sanford C. Bernstein & Co., LLC accounts" as alleged in paragraph 185 of Your Complaint.

19 36. Copies of all of your American Express or other credit card statements for the period September 2003 to date. VIDEOS/PHOTOSI S 37. Any and all documents constituting and/or concerning the "Video #1" as referenced in paragraph 60 of your Complaint. 38. Any and all documents constituting and/or concerning the "Video #2" as referenced in paragraph 71 of your Complaint. 39. Any and all documents constituting and/or concerning the "photographs~~ as referenced in paragraph 78 of your Complaint. 40. Any and all documents constituting and/or concerning the "various messages from the Plaintiffs cell phone" as referenced in paragraph 94 ofyour Complaint. 41. Any and all documents concerning the "Plaintiffs Apple computer" as referenced in paragraph 69 of your Complaint. RESIDENCES 42. Any and all documents concerning 1680 York Avenue, New York, New York as referenced in Your Complaint. 43. Any and all documents concerning 2 South Valley Road, Hampton Bays, New York as referenced in Your Complaint. 44. Any and all documents that support your allegation that you "from time to time, paid the rent for the 1680 York Avenue apartment" and/or that you "contributed funds for the payment of monthly rental payments and maintenance payments for the apartment at 1680 York Avenue" as alleged in paragraphs 32 and 33 ofthe Complaint.

20 45. Any and all documents that support your allegation in paragraph 34 of your Complaint that "the Plaintiff contributed funds for the payment of monthly rental payments for the apartment at 1680 York Avenue based on promises by defendant Valenti that he recognized [you] as a co-owner of the right to occupy their apartment located at 1680 York Avenue." 46. Any and all documents that support your allegation in paragraph 35 of your Complaint that "the Plaintiff contributed funds for the payment of various expenses at the residence located at 2 South Hampton Road, Hampton Bays, New York." 47. Any and all documents that support your allegation in paragraph 36 of your Complaint that "the Plaintiff contributed funds for the payment of various expenses at the residence located at 2 South Hampton Road, Hampton Bays, New York based on promises by defendant Valenti that he recognized [you] as a co-owner ofthe property." 48. Any and all documents concerning Your "new apartment" as referenced in paragraph 112 of Your Complaint. 49. Any and all documents concerning the "home in Florida" as referenced in paragraph 109 of Your Complaint. 50. Any and all documents concerning Your "79 year old father" as referenced in paragraph 109 of Your Complaint. FACEBOOK 51. For each Facebook account maintained by you, please produce your account data for the period of January 1, 2003 through the present. You may download and print your Facebook data by logging onto your Facebook account, selecting "Account Settings" under the "Home" tab on your homepage, clicking on the" "Download a Copy" link, and following the directions on the "Download Your Information" page.

21 ASSA.ULT/BATTERY 52. Any and all documents that support your claim for Assault against Valenti. 53. Any and all documents that support your claim for Battery against Valenti. ONVERSION 54. Any and all documents concerning "Justin Time Records" as referenced in paragraph 175 of Your Complaint. 55. Any and all documents concerning the "check, payable to Hilary Kole" as referenced in paragraph 175 ofyour Complaint. MISCELLANEOUS 56. Any other documents concerning any allegation in your complaint which have not been produced in response to these requests for production ofdocunlents. Dated: New York, New York April 5, 2012 HANLY CONROY BIERSTEIN SHER FISHER & HAYES LLP ~ By:---+ ~J----f---~ Paul J. Hanly, r. phanly hanlyconroy.com Jayne Conroy jconroy@hanlyconroy.com 112 Madison Avenue New York, NY (212) (Main) (212) (Direct) (212) (Fax) Attorneys for Defendants John R. Valenti and Jayarvee, Inc.

22 TO: LEWIS and GARBUZ, P.C. Attn: Lawrence I. Garbuz, Esq. 60 East 42 nd Street, Suite 4700 New York, NY Attorneysfor Plaintiff LANDMAN CORSI BALLAINE & FORD, P.C. Attn: Stephen Jacobs, Esq. 120 Broadway New York, NY Attorneys for Defendant Howard Weiss