FILED: KINGS COUNTY CLERK 07/28/ :10 PM INDEX NO /2015 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 07/28/2017. Exhibit UU

Transcription

1 Exhibit UU

2 SUPREME COURT OF THE STATE OF NEW YORK Index No /2015 COUNTY OF KINGS: IAS PART 73 DIANNASAPP^ETAL, Plaintiffs, -against- CLARK WILSON INC., ET AL., Defendants. PLAINTIFFS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO CLARK WILSON INC. Pursuant to Sections 3101 and 3120 of the New York Civil Practice Law and Rules ("CPLR"), Plaintiffs hereby request that defendant Clark Wilson Inc., produce for inspection and copying, in accordance with the Definitions and Instructions below, all documents in its possession, custody, or control requested herein, within twenty (20) days after service of this Request, at the offices of the Legal Aid Society, Brooklyn Neighborhood Office, 111 Livingston Street, 7th Floor, Brooklyn, NY 11201, or at such other time and place mutually agreed upon by the parties. DEFINITIONS A. This request for the production of documents (the "Request" or "Requests") incorporates all provisions, definitions, and rales of construction set forth in Article 31 of the CPLR. B. "Complaint" means the Consolidated Complaint captioned Diana Sapp, et. al v. Clark Wilson Inc., et al.. Index No /15. Dod? US1 m90838vl

3 C. These entities are defined as follows: (a) "Clark Wilson Inc." refers to Clark Wilson Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of Clark Wilson Inc. (b) "Clark Assoc. Inc." refers to Clark Associates Inc. a/k/a Associates Inc. B. Clark and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of Clark Associates Inc. (c) "Clerk Assoc. Inc." refers to Clerk Associates Inc. a/k/a B. Clark Associates Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of Clerk Associates Inc. (d) "Wilson Flat Inc." refers to Wilson Flat Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of Wilson Flat Inc. (e) "Wilson Mer Assoc Inc." refers to Wilson Mer Associates Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives,

4 employees, agents and partners and any entities or persons acting on behalf of Wilson Mer Associates Inc. (f) "Wilson-Hins Assoc." refers to Wilson-Hins Associates and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of Wilson- Hins Associates. (g) "Wilson Han Assoc. Inc." refers to Wilson Flan Associates Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of Wilson Han Associates Inc. (h) The entities defined in (a)-(g) are collectively defined as "the Owners." (i) "We Care Inc." refers to We Care Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of We Care Inc. (j) "We All Care Inc." refers to We All Care Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of We All Care Inc.

5 (k) "We Always Care Inc." refers to We Always Care Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of We Always Care Inc. (1) "DHS" refers to the New York City Department of Homeless Services and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of the New York City Department of Homeless Services. (m) "CAMBA Inc." refers to CAMBA Inc. and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of CAMBA Inc. (n) "DHCR" refers to the New York State Division of Housing and Community Renewal and any and all affiliates, divisions, subsidiaries, parents, predecessors or successors, including without limitation, each of their respective officers, directors, representatives, employees, agents and partners and any entities or persons acting on behalf of the New York State Division of Housing and Community Renewal. D. These properties are defined as follows: (a) "60 Clarkson Avenue" refers to the building located at Borough-Block-Lot number and/or the addresses 60 Clarkson Avenue, Brooklyn, New York or 58 Clarkson Avenue, Brooklyn, New York

6 (b) "250 Clarkson" refers to the building located at Borough- Block-Lot number and/or the addresses 250 Clarkson Avenue, Brooklyn, New York or Clarkson Avenue, Brooklyn, New York (c) "270 Clarkson" refers to the building located at Borough- Block-Lot number and/or the address 270 Clarkson Avenue. Brooklyn, New York (d) "279 Kosciuszko" refers to the building located at Borough-Block-Lot number and/or the addresses 279 Kosciuszko Street, Brooklyn, New York or 281 Kosciuszko Street, Brooklyn, New York (e) "401 East 21sf' refers to the building located at Borough- Block-Lot number and/or the address 401 East 21st Street, Brooklyn, New York (f) "553 Hinsdale" refers to the building located at Borough- Block-Lot number and/or the address 553 Flinsdale Street Brooklyn, New York (g) "666 Hancock" refers to the building located at Borough- Block-Lot number and/or the addresses 666 Hancock Street, Brooklyn, New York or 668 Hancock Street, Brooklyn, New York (h) The properties defined in (a)-(g) are collectively defined as "the Buildings." (i) "Scatter site housing program" refers to the scattered site or cluster site housing program operated by the New York City Department of Homeless Services.

7 (j) "Barry Hers" refers to the individual named Barry Hers or Barry Hersko who is associated with the management or ownership of Clark Wilson Inc. and/or the ownership or maintenance of 60 Clarkson Avenue. E. Unless otherwise specified, this Request calls for documents concerning or created January 1, 2001 to the present. F. "Communication" as used herein shall mean any oral or written utterance, notation, or statement of any nature whatsoever between or among two or more persons, by or to whomsoever made, and includes, without limitation, documents, correspondence, conversations, discussions, interviews, consultations, inquiries, s, agreements and other understandings. G. The term "document" is defined to be synonymous in meaning and equal in scope to the usage of this term in CPLR 3120, including, without limitation, electronic or computerized data compilations. "Document" or "documents" as used herein shall further include, without limitation, any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter constituting the recording of data or information upon any tangible thing by any means, including, but not limited to, the original and any non-identical copy of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, s, stationary, faxes, telegrams, speeches, diaries, calendars, schedules, maps, graphs, charts, contracts, invoices, purchase orders, bills of lading, releases, appraisals, valuations, estimates, opinions, studies, analyses, summaries, magazines, booklets, pamphlets, circulars, brochures,

8 7 bulletins, instructions, minutes, photographs, bills, checks, drafts, certificates, tabulations, questionnaires, films, videotapes, audiotapes, surveys, messages, recordings (of meetings, conferences, telephone conversations and any other communications), tables, drawings, sketches, working papers, financial statements, computer data (including information or programs stored in a computer, whether or not ever printed out or displayed), as well as any other tangible thing on which information is recorded in writing, sound, electronic or magnetic impulse, or in any other manner, and including preliminary versions, drafts, revisions and amendments of any of the foregoing and any supporting, underlying, or preparatory material. H. "You" or "Your" refers to Clark Wilson Inc. I. "Person" or "persons" as used herein means, without limitation, individuals, associations, partnerships, corporations, limited liability companies and governmental organizations. J. The terms "plaintiff and "defendant," as well as a party's full or abbreviated name or a pronoun referring to a party, mean the party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries or affiliates. K. "Identify," "identity," and "identification" as used herein mean: (a) In the case of an entity other than a natural person, its name, the address of its principal place of business, its telephone number, and the name of its chief executive officer, as well as, if it has an entity other than a natural person that ultimately controls it, that other entity's name, the address of that entity's principal place of business, that other entity's telephone number, and the name of that other entity's chief executive officer:

9 (b) In the case of a natural person, his or her name, home and business addresses and telephone numbers, employer and title or position; and (c) In the case of documents; (i) (ii) the author of the document; its title, or a description of the general nature of the subject matter; (iii) the identity of the recipients of original or copies, if any; (iv) (v) the date of preparation; the dates and manner of distribution and publication if any; (vi) (vii) the present location and custodian; and any privileges claimed, describing the specific basis therefor. (d) "Identify" or "state" as used herein in connection with an act means: (i) (ii) Furnish the date and place of the act; Identify the person acting, the person for whom the act was performed, and the person against whom the act was directed; and (iii) Describe the act in detail. L. "Describe" or "state" as used herein means: (a) Describe fully by reference to underlying facts rather than by reference to ultimate facts or conclusions of fact or law;

10 (b) Where applicable, particularized as to: (i) (ii) (iii) (iv) Time and date; Place including address; Manner; and Persons involved; and (c) Where applicable, provide all information required in response to the term "identify." M. "Concerning" as used herein shall mean relating to, constituting, consisting of, discussing, describing, referring to, reflecting on, arising out of, or being in any way or manner, directly or indirectly, in whole or in part, legally, factually, or logically, connected with the matter discussed. N. The terms "and" and "or" as used herein shall be construed both conjunctively and disjunctively. O. The terms "every," "each," "any," or "all" as used herein shall mean each and every. P. The term "date" means the exact day, month, and year, if ascertainable, or if not, the best approximation, including relationships to other events. Q. The singular form shall be construed to include the plural, and vice-versa, whenever such a dual construction will serve to bring within the scope of a production category any documents or information. R. The past tense form shall be construed to include the present tense, and vice-versa, whenever such a dual construction will serve to bring within the scope of

11 10 a production category any documents or information that would otherwise not be within its scope. INSTRUCTIONS A. Each Request extends to all documents and things in your possession, custody, or control, including documents in the possession of your officers, directors, employees, shareholders, contractors, attorneys, consultants, accountants, agents, or representatives. B. These Requests are continuing in nature, and defendant's responses to these Requests must be promptly supplemented when appropriate or necessary In accordance with CPLR 3101(h). C. Each requested document is to be produced, along with all drafts thereof, in its entirety, without abbreviation or redaction. In the event that multiple copies of a document exist, produce every copy on which appear any notations or markings of any sort that do not appear on every other copy and, for those copies not produced, indicate each custodian that possessed a copy of the document. D. All requested documents are to be produced as they are kept in the usual course of business so that Plaintiffs can ascertain the files in which they were located, their relative order in such files, and how such files were maintained. Documents maintained in a file folder or binder should be preceded by the file folder or binder label, if one exists, and should contain a clear indication of where the file folder or binder begins and ends. Each Request for documents shall be deemed to include a request for any or all transmittal sheets, cover letters, exhibits, enclosures or attachments to the documents, in addition to the document itself, without abbreviation or expurgation. A

12 11 unique control number should be affixed to each page or, where electronically stored information (ESI) is produced in its native format, to each document. E. All electronically stored information (ESI) should be produced as Bates-stamped TIFF images with accompanying document-level extracted text for ESI or OCR for scanned hard copy, and a loadfile listing selected metadata to be decided upon by the parties by mutual agreement. Please produce all Excel files in native format. F. For any responsive document withheld under a claim of privilege or otherwise, state separately for each document: (a) the nature of the privilege or immunity that is being claimed; (b) the type of document; (c) the general subject matter of the document; (d) the date of the document; (e) the custodian from whose possession the document is being produced; (f) the author(s) of the document; (g) the addressee(s) and/or recipient(s) of the document; and (h) where not apparent, the relationship of the author(s) and addressee(s) to each other. G. If any document or category of documents responsive to any of these Requests has been destroyed, discarded, or lost, please separately identify each such document or category of documents by stating the following information with respect thereto: (a) the title and a description of the subject matter of the dociiment(s); (b) the date or approximate date of the preparation and/or transmission of the document(s); (c) the number of pages, attachments or appendices of the document(s); (d) the identity of the person who destroyed, discarded, or lost the document(s); (e) the date or approximate date the document(s) was (were) destroyed, discarded or lost; (f) a description of the circumstances under which the document(s) was (were) destroyed, discarded, or lost; (g) the identity, if known, of each person who originated, circulated, published, or received

13 12 the document(s); and (h) the identity of the person having custody of the document(s) immediately prior to its destruction, discarding, or loss. H. If there are no documents responsive to any of the following Requests, or to any requested category of documents, please provide a written response so stating. I. No Request shall be construed to limit the scope of any other Request. J. These Requests are without prejudice to, or waiver of. Plaintiffs' right to conduct further discovery. REQUESTS FOR THE PRODUCTION OF DOCUMENTS AND THINGS In accordance with the foregoing Definitions and Instructions, Plaintiffs request that Clark Wilson Inc. produce the following documents: 1. Your Articles of association, articles of incorporation, by-laws and any other charter or organizational documents. 2. Documents sufficient to show the nature of Your business and/or activities. 3. Copies of tax returns for the years 2001 through All documents, including but not limited to any agreements or contracts between or among You, We Care Inc., We All Care Inc., DHS, We Always Care Inc., and/or CAMBA Inc., concerning the use of 60 Clarkson as part of the scatter site housing program. Such documents should include all lease or sublease agreements between or among You, DHS, We All Care Inc., We Care Inc., We Always Care Inc., and/or CAMBA Inc.

14 13 5. All documents concerning payments received by You, from We Care Inc., We All Care Inc., DFIS, We Always Care Inc., and/or CAMBA Inc. 6. All documents concerning payments made by You to We Care Inc., We All Care Inc., DHS, We Always Care Inc., the Owners, and/or CAMBA Inc. 7. All documents concerning individuals who resided or currently reside at 60 Clarkson and their admittance to, renewal of participation in, or termination from the scatter site housing program. 8. All documents concerning communications or correspondence with DHCR concerning apartments located at 60 Clarkson. 9. All rent registration statements filed with DHCR for all apartments located at 60 Clarkson. 10. The most recent lease agreements for all apartments located at 60 Clarkson. 11. All documents, including but not limited to any communications or correspondence, concerning any relationship between You and We All Care Inc., We Care Inc., We Always Care Inc., CAMBA Inc., or DHS. 12. All documents, including but not limited to any communications or correspondence, concerning direct or indirect legal and beneficial ownership of 60 Clarkson. 13. Documents sufficient to identify the names and current addresses of all Your directors, officers, executives, employees, managers, representatives and agents.

15 Documents sufficient to show any liens or mortgages on 60 Clarkson. 15. All documents, including but not limited to any communications or correspondence, concerning any litigation or administrative or regulatory proceedings concerning 60 Clarkson (other than this action). Such documents should include, but are not limited to, any rent reduction orders issued by DHCR, any investigatory subpoenas issued by DHCR, and any documents related to DHCR's audit of the rents registered by You with DHCR. 16. All documents, including but not limited to any communications or correspondence, concerning any requests for repairs or complaints about hazardous conditions made by any occupants of 60 Clarkson, including, but not limited to any responses to such requests or complaints. 17. All documents, including but not limited to any communications or correspondence, concerning Your failure and refusal to make repairs and/or maintain essential services at 60 Clarkson. 18. All documents, including but not limited to any communications or correspondence, from the New York City Department of Housing Preservation and Development concerning any housing code violations with respect to 60 Clarkson. 19. All documents, including but not limited to any communications or correspondence, concerning any orders to correct issued by the New York City Department of Housing Preservation and Development with respect to 60 Clarkson and Your compliance or noncompliance with any such orders to correct from January 1, 2001, to the present.

16 All documents, including but not limited to, any agreements or contracts between You and We Always Care Inc., and We All Care Inc., We Care Inc., and or the New, York City Department of Homeless Services, setting forth any obligation You were under to maintain 60 Clarkson in a habitable condition. 21. All other documents, including but not limited to any communications or correspondence, concerning each of the allegations in the Amended Complaint in this action. 22. All documents, including but not limited to any communications or correspondence, concerning each and every affirmative defense asserted or to be asserted by You in this action. 23. All documents concerning communications or correspondence between Barry Hers and/or any individual associated with We Always Care Inc., including the following individuals: Yechezkel S. Tabak, Jeremy Silbert, David Katz, Elliott Gutman, Aron Kahan, Shukrat Kashimawo, or Abiodun Owoade. 24. All documents, to the extent not called for in other Requests, concerning the events described in the Consolidated Complaint. 25. All other documents concerning each and every affirmative defense asserted or to be asserted by You in this action. THE LEQAL AID SOCIETY 1/1 /1 / f -^ 1 Ml r {,/(/ j' ( / I/ ( I Judith Goldiner ^ Attorney in Charge Civil Law Reform The Legal Aid Society 199 Water Street New York, NY 10038

17 16 (212) j go ldiner@legal-aid.org COUNSEL: Kathleen Brennan Staff Attorney The Legal Aid Society 111 Livingston Street Floor 7 Brooklyn, NY kmbrennan@iegal-aid. org Attorneys for Plaintiffs

18 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.' 12230/15 COUNTY OF KINGS: IAS PART 73. x DIANNA SAPP, ct al. Plaintiffs, CLARK WILSON. INC. et al. Defendants. X PLAINTIFFS' FIRST SET OF REQUESTS FOR DOCUMENTS Signature (Rule a) Seymour WTJames Jr.,feq. Attomey-in- Chief The Legal Aid Society Kathleen Brennan, Of Counsel Brooklyn Neighborhood Office 111 Livingston Street, 7* Fl. Brooklyn, NY (718) To: Service of a copy of the within is hereby admitted. Attomey(s) for

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