FILED: KINGS COUNTY CLERK 12/28/ :30 PM INDEX NO /2017 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 12/28/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SUPPLYTEK INTERNATIONAL, LLC, D/B/A/ LASERTONE, AND LASERTONE, CORP.,.: Index No.: /2017 Plaintiffs, : Assigned Justice: Hon. Lawrence Knipel - against - JUSTIN MACFARLAND, AND SHANON MACFARLAND, INDIVIDUALLY, AND DOING BUSINESS AS TONER PARTNERS; DEFENDANT TTI BUSINESS PRODUCTS, INC.'S RESPONSE TO PLAINTIFFS' DEMAND FOR THE PRODUCTION OF DOCUMENTS MACFARLAND, LLC, TTI BUSINESS PRODUCTS, INC., STEVEN PRIMONT, AND DOES" "JOHN DVCiD 1-10, Defendants. Defendant TTI Business Products, Inc. ("TTI"), by and through its attorneys Ellenoff Grossman 4 Schole LLP, hereby objects to and responds to Plaintiff Supplytek International, LLC, d/b/a/ Lasertone, and Lasertone Corp., ("Plaintiffs" or "Lasertone") Demand for the "Demands" Production of Documents, dated November 20, 2017 (the "Demands"), as follows: GENERAL OBJECTIONS 1. TTI objects to the Demands in their entirety on the grounds that they are overbroad, unduly burdensome and oppressive and to the extent that they seek information that is duplicative. 2. TTI particularly objects to the Demands in their entirety on the grounds that the information requested has set forth a time period in which the documents are demanded and the 1 of 8

2 information requested therein may be answered by reference to documents already in Plaintiffs' possession. 3. TTI objects to the Demands insofar as they request information beyond the scope permitted under the CPLR and/or not material and necessary to the prosecution/defense of the instant action. 4. TTI objects to the Demands to the extent that they seek information which is protected against compelled disclosure under the attorney-client privilege and/or the attorney work-product doctrine; or seek information concerning experts or their opinions beyond the confines of the CPLR; or evidencing or constituting material prepared in anticipation of litigation. TTI objects to the Demands insofar as they seek information concerning the work product, mental impressions, conclusions, opinions or legal theories of TTI's counsel. 5. By responding to the Demands, TTI does not waive any privilege, and expressly reserves the right to recall at any time any document produced inadvertently to which any privilege is attached. 6. All responses submitted herein are based upon the present knowledge, information and belief of TTI and are provided subject to such additional information as may be recalled or discovered in the future. TTI reserves the right to supplement its responses to the Demands as discovery proceeds and/or new information becomes known. 7. TTI objects to the Demands insofar as they are unintelligible, vague, or otherwise unclear as to the precise documents or things sought. 8. TTI objects to the Demands to the extent that they seek information beyond TTI's possession, custody, control or knowledge. 2 of 8

3 9. TTI has searched for responsive documents in locations, both physical and electronic, where those documents would most likely be located. To the extent that Plaintiff seeks to have TTI undertake a search for documents beyond the search identified above, TTI objects to the Demands as unduly burdensome. 10. TTI expressly reserves the right to object to the use of any document produced in response to the Demands on the grounds of relevance, or for any other reason. This response does not waive any objection that TTI may have to any other discovery request involving or relating to the subject matter of the Demands. 11. The fact that TTI objects to any particular Demand should not be construed to mean that documents responsive to such Demand exist. Similarly, the statement that Defendants will produce documents in response to any particular Demand should not be construed to mean that documents of a type or in the category described in the Demands do in fact exist. Furthermore, the production of any documents that are otherwise subject to any objection is not a waiver of any such objection as to any other documents not produced. 12. TTI objects to the production or inspection of any documents or things that are neither relevant to the issues involved in this action, nor calculated to lead to the discovery of admissible evidence. 13. TTI objects to the production or inspection of any documents which would disclose facts known to, or opinions held by, experts, which may be obtained only in accordance with CPLR 3101(d)(1)(iii). 14. By responding to any Demand, TTI does not concede that the Demands are relevant to the subject matter involved in the pending action or the claims or defenses at issue therein, nor do they concede that any particular Demand is reasonably calculated to lead to the 3 of 8

4 discovery of admissible evidence. SPECIFIC OBJECTIONS AND ANSWERS 1. All invoices, purchase orders, confirmations, shipping receipts, packing slips or other accompanying documents issued by TTI for merchandise sold to either of the plaintiffs within past 6 years. broad, unduly burdensome, vague and seeks irrelevant documents and information. TTI further objects to the utilization of the phrase "merchandise" as used in this Demand on the grounds that, because it is vague and ambiguous, TTI is unable to determine the exact information requested by Plaintiffs. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it is currently searching for documents responsive to this request and will produce such documents once that process has been completed. 2. All documents of any kind evidencing receipt by TTI of payments from either of the plaintiffs for merchandise sold within past 6 years broad, unduly burdensome, vague and seeks irrelevant documents and information. TTI further objects to the utilization of the phrase "merchandise" as used in this Demand on the grounds that, because it is vague and ambiguous, TTI is unable to determine the exact information requested by Plaintiffs. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it currently searching for documents responsive to this request and will produce such documents once that process has been completed. 3. All invoices, purchase orders, confirmations, shipping receipts, packing slips or other accompanying documents issued by TTI to Toner Partners for merchandise sold within past 6 years. broad, unduly burdensome, vague and seeks irrelevant documents and information. TTI further objects to the utilization of the phrase "merchandise" as used in this Demand on the grounds that, because it is vague and ambiguous, TTI is unable to determine the exact information requested by Plaintiffs. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it is currently searching for documents responsive to this request and will produce such documents once that process has been completed. 4. All documents evidencing receipt by TTI of payments for merchandise sold to Toner Partner within past 6 years. 4 of 8

5 broad, unduly burdensome, vague and seeks irrelevant documents and information. TTI further objects to the utilization of the phrase "merchandise" as used in this Demand on the grounds that, because it is vague and ambiguous, TTI is unable to determine the exact information requested by Plaintiffs. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it is currently searching for documents responsive to this request and will produce such documents once that process has been completed. 5. All documents pertaining to payments of any kind whatsoever received by TTI from Toner Partners within past 6 years. broad, unduly burdensome, vague and seeks irrelevant documents and information. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it is currently searching for documents responsive to this request and will produce such documents once that process has been completed. 6. All s, text messages (SMS), faxes or other electronic communications between TTI and to either of the plaintiffs within the past six years. Response: Defendant TTI objects to this Demand on the grounds is overly broad, unduly burdensome, vague and seeks irrelevant documents and information. TTI further objects to this Demand on the grounds that it is not particularized as to what is the subject matter of the electronic communications that Plaintiffs seek documents from TTI for and demands documents for an overbroad six year time period. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it is currently searching for documents responsive to this request and will produce such documents once that process has been completed. 7. All s, text messages (SMS), faxes or other electronic communications between TTI and Toner Partners within the past six years. broad, unduly burdensome, vague and seeks irrelevant documents and information. TTI further objects to this Demand on the grounds that it is not particularized as to what is the subject matter of the electronic communications that Plaintiffs seek documents from TTI for and demands documents for an overbroad six year time period. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it is currently searching for documents responsive to this request and will produce such documents once that process has been completed. 8. All s, text messages (SMS), faxes or other electronic communications between TTI 5 of 8

6 and Justin McFarland within the past six years. broad, unduly burdensome, vague and seeks irrelevant documents and information. TTI further objects to this Demand on the grounds that it is not particularized as to what is the subject matter of the electronic communications that Plaintiffs seek documents from TTI for and demands documents for an overbroad six year time period. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it is currently searching for documents responsive to this request and will produce such documents once that process has been completed. 9. All s, text messages (SMS), faxes or other electronic communications between TTI and Shannon McFarland within the past six years. broad, unduly burdensome, vague and seeks irrelevant documents and information. TTI further objects to this Demand on the grounds that it is not particularized as to what is the subject matter of the electronic communications that Plaintiffs seek documents from TTI for and demands documents for an overbroad six year time period. Nevertheless, subject to and without waiving the above objection, and to the extent that TTI understands this request, TTI responds that it is currently searching for documents responsive to this request and will produce such documents once that process has been completed. PLEASE TAKE FURTHER NOTICE, that TTI reserves the right to amend and/or supplement its respective responses herein to said time up to and including the time of trial. Dated: New York, New York December 28, 2017 ELLENOFF GROSSMAN & SCHOLE, LLP Attorneys for efendant I usiness Products, Inc. By: Anth y alan III, Esq. Glen S oviero, Esq venue of the Americas, New York, New York (212) th FlOOr, 6 of 8

7 To. Via NTSt'El Law Office of Soloman Antar P.C. Solomon Antar, Esq. Attorneys for Plaintiffs 26 Court Street Brooklyn, New York (/llluarlawlirn).c()lll (718) Chiacchia & Flemming, LLP Andrew P. Fleming, Esq. Attorneys for Defendants Justin MacFarland, Shanon MacFarland d/b/a/ Toner Partners and MacFarland, LLC 5113 South Park Avenue Hamberg, New York 14075,' anem ' fl </ ef-leual.com (716) B. Kevin Burke, Jr. Attorneys for Defendants Justin MacFarland, Shanon MacFarland d/b/a/ Toner Partners and MacFarland, LLC 43 Essex Street Buffalo, New York W\\ W.kC\.kcN inhurkcahorncv.coln 't'l 7 of 8

8 Index No Year NYSCEF DOC. NO RECEIVED NYSCEF: 12/28/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SUPPLYTEK INTERNATIONAL, LLC, D/B/A/ LASERTONE, AND LASERTONE, CORP., Plaintiffs, - against- JUSTIN MACFARLAND, AND SHANON MACFARLAND, INDIVIDUALLY, AND DOING BUSINESS AS TONER PARTNERS; MACFARLAND, LLC, TTI BUSINESS PRODUCTS, INC., STEVEN PRIMONT, AND "JOHN DOES" 1-10, Defendants. DEFENDANT TTI BUSINESS PRODUCTS, INC.'S RESPONSE TO PLAINTIFFS' DEMAND FOR THE PRODUCTION OF DOCUMENTS ELLENOFF GROSSMAN & SCHOLE, LLP Attorney(s) for Defendant TTI Business Products, Inc. Office and Post Office Address 1345 AVENUE OF THE AMERICAS NEW YORK, NEW YORK (212) Pursuant to 22 NYCRR , the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: Signature Print Signer's Name Service of a copy of the within is hereby admitted. Dated, Attorney(s) for... Sir: Please take notice O NOTICE OF ENTRY that the within is is' a (certified) true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT that an order of which the within Is a true copy will be presented for settlement to the HON. one of the Judges of the within named Court, at on the day of at M. Dated, ELLENOFF GROSSMAN & SCHOLE, LLP Attorney(s) for Office and Post Office Address 1345 AVENUE OF THE AMERICAS NEW YORK, NEW YORK (212) of 8