FILED: NEW YORK COUNTY CLERK 04/11/2013 INDEX NO /2012 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/11/2013

Transcription

1 FILED: NEW YORK COUNTY CLERK 04/11/2013 INDEX NO /2012 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/11/2013 EXHIBIT E

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ILLINOIS UNION INSURANCE COMPANY and i IndexNo /12 GREAT AMERICAN INSURANCE COMPANY OF i NEW YORK, SUBPOENA AD Plaintiffs, TESTIFICANDUM -against- GRANDVIEW PALACE CONDOMINIUMS ASSOCIATION CORP. a/k/a GRANDVIEW PALACE i OF NEW YORK CONDOMINIUM Defendant. i SUBPOENA AD TESIFICANDUM TO WILLIAM OTT OF OTT INSURANCE AGENCY THE PEOPLE OF THE STATE OF NEW YORK TO: William Ott Ott Insurance Agency 1451 Route 208, Suite 1 Wallkill, NY c/o The Sullivan Law Group, LLP Dana B. Hoffman, Esq. 980 Avenue ofthe Americas, Suite 405 New York, New York WE COMMAND YOU, pursuant to Article 31 ofthe C.P.L.R., that all business and excuses being laid aside, that you appear and attend before tlie undersigned at Foran Glennon Palandech Ponzi & Rudloff, P.C, 120 Broadway, Suite 1130, New York, New York on April 18,2Q13 at 10:00 a.m., and at any recess or adourn date, to have your deposition taken in the above-captioned matter. If you are an organization that is not a party in this case, you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf who have knowledge of the substantive matters set forth in the 1

3 Subpoena Duces Tecum to Ott Insurance Agency dated September 11, 2012, a copy of which has been annexed hereto as Attachment A. Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to appear. Disclosure is being sought from you because, upon information and belief, you possess information material and necessary in the prosecution or defense of this action. PLEASE CONTACT THE UNDERSIGNED TO DISCUSS AND CONFIRM YOUR COMPLIANCE. Dated: March 28, 2013 Jonathan Zagha FORAN GLENNON PALANDECH PONZI & RUDLOFF PC 120 Broadway, Suite 1130 New York, NY (212) Attorneys for co-plaintiff Illinois Union Insurance Company 2

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5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ILLINOIS UNION INSURANCE COMPANY and ; Index No /12 GREAT AMERICAN INSURANCE COMPANY OF : NEW YORK, I i Plaintiffs, -against- GRANDVIEW PALACE CONDOMINIUMS ASSOCIATION CORP. a/k/a GRANDVIEW PALACE OF NEW YORK CONDOMINIUM Defendant. I i I SUBPOENA DUCES TECUM THE PEOPLE OF THE STATE OF NEW YORK TO: Ott Insurance Agency 1451 Route 208, Suite 1 Wallkill, NY WE COMMAND YOU, pursuant to C.P.L.R 3120, that all business and excuses being laid aside, that you produce and permit plaintiff, Illinois Union Insurance Company, in the above captioned matter at Foran Glennon Palandech Ponzi & Rudloff, P.C, 120 Broadway, Suite 1130, New York, New York on October 8, 2012 at 11:00 am. or at any adourned date thereafter to inspect, copy, test, or photograph the documents and things identified in the attached Schedule of Documents to Be Produced. Failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable lo the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to appear. 1

6 Disclosure is being sought from you because, upon information and belief; you possess mformation material and necessary in the prosecution or defense of these actions. Dated: September 11,2012 Jonathan Zagha FORAN GLENNON PALANDECH PONZI & RUDLOFF PC 120 Broadway, Suite 1130 New York, NY (212) Attorneys for co-plaintiff'illinois Union Insurance Company 2

7 DEFINITIONS 1. "Comrnuiucation" shall mean any oral comment, statement or utterance and any written statement, inquiry or notation of any nature whatsoever, by and to whomever made, including but not limited to correspondence, conversations, conferences, exchanges, instant messages, dialogues, discussions, interviews, consultations, agreements or understandings between or among persons, 2. "Plaintiffs" shall mean those parties identified as Plaintiffs in the captioned action that is the subect of this subpoena. 3. "Document" or "documents" shall mean, without h'mitation, any written, typed, printed, recorded or graphic matter, however produced or reproduced, of any type or description, regardless of origin or locauon, including without limitation all correspondence, records, tables, charts, analyses, graphs, schedules, reports, memoranda, notes, lists, calendar and diary entries, letters (sent or received), telegrams, telexes, messages (including, but not limited to, reports of telephone conversations and conferences), s, studies, books, periodicals, magazines, booklets, circulars, bulletins, instructions, papers, files, minutes, other communications (including, but not limited to, inter- and intra-office communications), questionnaires, contracts, memoranda of understanding, agreements, assignments, licenses, ledgers, books of account, orders, invoices, statements, bills, checks, vouchers, noteboolcs, receipts, acknowledgments, data processing cards, computer disks, computer drives, computer-generated matter, photographs, photographic negatives, phonograph records, tape recordings, wire recordings, audio recordings, video recordings, other mechanical recordings, transcripts or logs of any such recordings, all other data compilations from which information can be obtained, or translated if necessary, and any other tangible thing of a similar nature. 3

8 4. "GYP" shall mean Grandview Palace Condominiums Association Corp. a/k/a Grandview Palace of New York Condominium, and/or all of its corporate subgroups, parent corporations, assignees, agents, legal representatives, trustees, directors, officers, employees, predecessors and successors in interest, subsidiaries, affiliates, and divisions. 5. The "Premises" shall mean the condominium complex owned by GVP located at 1500 Route 52, Liberty, New York Tlie "Fire" shall mean the fire occurring at the Premises on April 14, "Relating to" shall mean constituting, concerning, reflecting, representing, supporting, contradicting, referring to, stating, describing, showing, depicting, demonstrating, recording, noting, embodying, containing, mentioning, studying, analyzing, discussing, evaluating, comprising or relevant to, 8. "You," "your," and/or "yourself 1 shall mean Ott Insurance Agency, its corporate subgroups, parent corporations, assignees, agents, legal representatives, trustees, directors, officers, employees, predecessors and successors in interest, subsidiaries, affihates, and divisions. INSTRUCTIONS 1. Each request to produce a document or documents shall be deemed to call for the identification or production of the original document or documents to the extent that they are in or subect to, directly or indirectly, the control of the party to whom these Requests are addressed, hi addition, each request should be considered as including a request for separate identification or production of all copies and, to the extent applicable, preliminary drafts of documents that differ in any respect from the original or final draft or from each other (e.g., by 4

9 reason of differences in form or content or by reason of handwritten notes or comments having been added to one copy of a document but not on the original or other copies thereof). 2. Tlie singular shall be deemed to include the plural, and vice versa. The word "and" shall be deemed to include the disunctive "or," and vice versa. "Any" also means "all," and vice versa, 3. If any responsive document has been destroyed or is otherwise no longer in your possession, custody, or control, please identify tlie document; state tlie reason tlie document is no longer in your possession, custody, or control; state the date on which tlie document ceased to be in your possession, custody, or control; and identify tlie person(s) responsible for its destruction, loss, or transfer or responsible for any otlier action which caused the document to cease to be in your possession, custody, or control, Any request for documents includes a request for any files or personal files kept, maintained, possessed and/or controlled by any of your employees on or off your premises. 4. In the event any request, or any part tiiereof, is obected to on the grounds of privilege, you are directed to identify the privilege or privileges asserted or claimed, and the facts upon which it relies in support of its claim of privilege. Further, to tlie extent any documents are withheld on the basis ofany asserted privilege, you are directed to prepare and submit a log of such privileged documents identifying each document so withheld together with the following: (a) a statement constituting the basis for any claim of privilege, work product, or other ground of non-disclosure; and (b) a brief description of the documents including the date, the number of pages, attachments and appendices, the author, the names of the person to whom the document was sent, shown, or made accessible to, or to whom it was explained, 5

10 the present custodian of the document, the subect matter of the document, tlie paragraphs of the request to which the document relates, 5. Responsive documents shall be produced as they arc kept in the ordinary course of business or shall be organized and labeled to correspond to the requests set forth herein. If there are no documents mat are responsive to a particular request, you shall state so in writing. 6. Electronically stored information, records and computerized information should be produced in an intelligible format or with a description of the system from which it was derived sufficient to permit rendering the material intelligible. DOCUMENTS TO RE PRODUCED: 1. All documents relating lo GVP and/or tlie Premises from September 1, 2007 to the present 2. All documents relating to the Fire. 3. All documents relating to any work performed by you in connection with GVP and/or tlie Premises from September 1,2007 to the present 4. AU documents relating to any contract, agreement, ob estimate, invoice or scope of work description relating to work performed by you or requested to be performed by you in connection with GVP and/or the Premises from September 1,2007 to the present 5. All documents relating to any reports, inspections, conclusions, findings, siunmaries or investigations authored by you in connection with GVP, the Premises and/or the Fire from September 1, 2007 to the present. 6. All photographs relating to GVP, the Premises and/or the Fire from September 1, 2007 to tlie present. 6

11 7. All documents relating to any inspection of the Premises performed by anyone other than you from 2002 to the present 8. All documents relating to any communications regarding GVP, the Premises and/or the Fire from September 1, 2007 to the present. 9. AH documents relating to any communications you have had with GVP fiom September 1, 2007 to the present. 10. All documents relating to any communications that you have had with any official of the Town of Fallsburg, New York relating to GVP f ihe Premises and/or the Fire fiom September 1,2007 to the present 11. AH documents relating to any cornmunicalions that you have had with any official of the County of Sullivan, New York relating to GVP, the Premises and/or the Fire from September 1, 2007 to the present. 7