FILED: NEW YORK COUNTY CLERK 04/20/ :18 PM INDEX NO /2015 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 04/20/2016

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1 FILED: NEW YORK COUNTY CLERK 04/20/ :18 PM INDEX NO /2015 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 04/20/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X, -against- Plaintiff, NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., Index No.: /2015 PLAINTIFF S COMBINED DISCOVERY AND DEMANDS Defendants X PLEASE TAKE NOTICE that you are hereby required to serve upon the undersigned Plaintiff s attorney your Response to the following demands for Discovery and Inspection within twenty (20) days of service of this demand, setting forth: 1. WITNESSES The name and address of each person claimed by this responding defendant, to be a witness to any of the following: (a) the occurrence set forth in the Complaint; (b) any acts, omissions and contradictions that are claimed to have causes and/or contributed to the occurrence set forth in the Complaint; and (c) if no witnesses are known to this defendant, this must be stated in response to this demand. 2. PRIOR TESTIMONY a. Copies of any prior sworn testimony given by ILYA NOVOFASTOVSKY, ESQ. and NEHAMA NOVOFASTOVSKY. b. If these individuals were previously involved in any prior actions, the index number and county of venue of any such action. 3. PARTY STATEMENTS A copy of all statements in the possession, control or custody of Defendants, actually or allegedly made by or taken of the Plaintiff regarding the occurrence which is the subject of the complaint or related thereto, by any method and in any form. If Defendants no longer have such a statement in its possession, custody or control, state the nature of said statement to the best of its ability so as to allow identification of said statement and the present location, possessor or custodian of said statement to the best of this answering defendant s knowledge.

2 4. PHOTOGRAPHS A copy of any photograph, movie, videotape and electronic recording taken of Plaintiff by Defendants or their attorneys related to the claims in Plaintiff s Verified Complaint and damages claimed by Plaintiff. If Defendants attorneys have made such items but claim a privilege, a statement as to the existence of said item and the basis of the claim of privilege must be made. 5. EXPERTS Pursuant to CPLR 3101 (d), identify the name and address of each person Defendant expect to call as an expert witness at trial and with respect to such witness, set forth the following: (a) disclose, in reasonable detail, the subject matter on which the expert is expected to testify; (b) set forth the qualifications of the experts; and (c) set forth a summary of the grounds for the expert s opinion. 6. MANUALS AND WRITTEN POLICIES A copy of any written policy, procedure, protocol, and manuals related the following: employment, non-discrimination and harassment, and termination of employees. 7. DEMAND FOR CURRICULUM VITAE: A copy of ILYA NOVOFASTOVSKY s and NEHAMA NOVOFASTOVSKY s resume including: (a) The name of the school where the above defendants obtained their undergraduate degrees; (b) The names of any schools where the above defendants obtained postgraduate training and the nature of said training; (c) Any publications, whether abstracts, lectures, books or chapter contributed to by this defendant; and (d) A copy of any prior version of the above defendants resume. (e) The date(s) on which the resumes were updated. 8. ELECTRONICALLY STORED INFORMATION: A copy of all electronically stored information related to related to the claims in Plaintiff s Verified Complaint and damages claimed by Plaintiff. 9. A copy of any and all written agreements, contracts, and other documents related to the claims in Plaintiff s Verified Complaint and damages claimed by Plaintiff. 10. A copy of any and all declaration sheets and related documents pertaining to Defendants liability insurance coverage. THESE ARE CONTINUING DEMANDS. Defendants are required to provide and supplement the demanded information as it becomes further known and available to

3 defendants. If no demand information is known at present, a statement must be submitted to that effect. Plaintiff will move to strike the answer and to preclude the offering of testimony of defendants if defendants fails to provide discovery or is incomplete, inaccurate and evasive in defendants responses. DATED: Forest Hills, New York February 3, 2016 Pro se Plaintiff Queens Blvd., Suite 513 Forest Hills, NY BY: TO: LESLIE JONES THOMAS, ESQ. Attorneys for defendants NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., 299 Broadway, Suite 1700 New York, NY 10007

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X, -against- Plaintiff, NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., Index No.: /2015 NOTICE OF DEPOSITION BY ORAL EXAMINATION Defendants X PLEASE TAKE NOTICE, that pursuant to the applicable rules of this court, the undersigned will take on behalf of Plaintiff, on the 4th day of March, 2016 at 10am, at the offices of THE PAGLINAWAN FIRM, Queens Blvd., Suite 513, Forest Hills, NY 11375, the oral examination of NEHAMA NOVOFASTOVSKY, whose address is 299 Broadway, Suite 1700, New York, NY and the same will continue from day to day until completed, concerning all of the relevant facts and circumstances in connection with this litigation, including Plaintiff s claims and damages as stated in the Verified Complaint. Plaintiff shall have the right to use electronic audio and visual means to record said examinations in conjunction with or instead of stenographic recordings pursuant to applicable Court rules. PLEASE TAKE NOTICE, that at the time of the taking of the testimony, the aforesaid party if required to produce all agreements, contracts, written documents, manuals, policy and procedures, correspondence, and electronically stored information which may be used by the persons so testifying to refresh their recollection as to the matters herein above set forth.

5 DATED: Forest Hills, New York February 4, 2016 Pro se Plaintiff Queens Blvd., Suite 513 Forest Hills, NY BY: TO: LESLIE JONES THOMAS, ESQ. Attorneys for defendants NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., 299 Broadway, Suite 1700 New York, NY 10007

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X, -against- Plaintiff, NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., Index No.: /2015 NOTICE OF DEPOSITION BY ORAL EXAMINATION Defendants X PLEASE TAKE NOTICE, that pursuant to the applicable rules of this court, the undersigned will take on behalf of Plaintiff, on the 4th day of March, 2016 at 10am, at the offices of THE PAGLINAWAN FIRM, Queens Blvd., Suite 513, Forest Hills, NY 11375, the oral examination of ILYA NOVOFASTOVSKY, ESQ., whose address is 299 Broadway, Suite 1700, New York, NY and the same will continue from day to day until completed, concerning all of the relevant facts and circumstances in connection with this litigation, including Plaintiff s claims and damages as stated in the Verified Complaint. Plaintiff shall have the right to use electronic audio and visual means to record said examinations in conjunction with or instead of stenographic recordings pursuant to applicable Court rules. PLEASE TAKE NOTICE, that at the time of the taking of the testimony, the aforesaid party if required to produce all agreements, contracts, written documents, manuals, policy and procedures, correspondence, and electronically stored information which may be used by the persons so testifying to refresh their recollection as to the matters herein above set forth.

7 DATED: Forest Hills, New York February 4, 2016 Pro se Plaintiff Queens Blvd., Suite 513 Forest Hills, NY BY: TO: LESLIE JONES THOMAS, ESQ. Attorneys for defendants NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., 299 Broadway, Suite 1700 New York, NY 10007

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X, -against- Plaintiff, NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., Index No.: /2015 NOTICE OF DEPOSITION BY ORAL EXAMINATION Defendants X PLEASE TAKE NOTICE, that pursuant to the applicable rules of this court, the undersigned will take on behalf of Plaintiff, on the 4th day of March, 2016 at 10am, at the offices of THE PAGLINAWAN FIRM, Queens Blvd., Suite 513, Forest Hills, NY 11375, the oral examination of NOVO LAW FIRM, P.C., whose address is 299 Broadway, Suite 1700, New York, NY and the same will continue from day to day until completed, concerning all of the relevant facts and circumstances in connection with this litigation, including Plaintiff s claims and damages as stated in the Verified Complaint. Plaintiff shall have the right to use electronic audio and visual means to record said examinations in conjunction with or instead of stenographic recordings pursuant to applicable Court rules. PLEASE TAKE NOTICE, that at the time of the taking of the testimony, the aforesaid party if required to produce all agreements, contracts, written documents, manuals, policy and procedures, correspondence, and electronically stored information which may be used by the persons so testifying to refresh their recollection as to the matters herein above set forth.

9 DATED: Forest Hills, New York February 4, 2016 Pro se Plaintiff Queens Blvd., Suite 513 Forest Hills, NY BY: TO: LESLIE JONES THOMAS, ESQ. Attorneys for defendants NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., 299 Broadway, Suite 1700 New York, NY 10007

10 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X, -against- Plaintiff, NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., Index No.: /2015 PLAINTIFF S FIRST SET OF INTERROGATORRIES AS TO NEHAMA NOVOFASTOVSKY Defendants X PLEASE TAKE NOTICE, that pursuant to the applicable provisions of Article 31 of the CPLR, Plaintiff, hereby demands that defendant NEHAMA NOVOFASTOVSKY ( this answering defendant ) serve answers under oath the following interrogatories within 30 days of the date of service: INTERROGATORIES 1. State: a. Your full name; b. Each other name, if any, that you have used or by which you have been known; c. Your present residence address and the address of each residence that you have had during the past five years; d. Present occupation; e. Year of your birth and present age. 2. Set forth the full name, job title, and employer of each person answering and/or assisting in the answering of these interrogatories. 3. Set forth in specific details any and all bases for this answering defendant s claim that Plaintiff s Complaint violated the requirements of NY CPLR section 3013 in that it fails to provide the Defendant with notice of the transactions, occurrences, or series of transactions intended to be proved, as well the material elements of each cause of action or defense. 4. Set forth in specific details as to how and in what way [t]he Complaint contains conflicting, incomplete, and confusing allegations and/or statements with no material elements to support said claims. 5. Set forth in specific details any and all applicable CPLR provisions and/or case law that recognize this answering defendant s Second Affirmative Defense.

11 6. Set forth in specific details as to how and in what way Plaintiff is acting in bad faith as claimed in paragraph 13 of this answering defendant s Answer. 7. Set forth in specific details any and all bases for this answering defendant s claim of Plaintiff s misrepresentations concerning the status and future viability of cases he handled for the firm as claimed in paragraph 13 of Defendant s Answer. 8. Set forth in specific details as to how and in what way Plaintiff has not incurred damages as a result of Defendant s conduct. 9. Set forth in specific details as to how and in what way that the alleged contractual breaches are a direct result of Plaintiff s conduct, not Defendant s conduct. 10. Set forth in specific details as to how and in what way do the claims identified in the Verified Complaint do not constitute a case or controversy that is ripe for determination by this Court. 11. Set forth in specific details as to how and in what way does Plaintiff s Verified Complaint fails to state a cause of action. 12. State: (a) The names of all the cases and status that were managed by Plaintiff during his employment by this answering defendant. (b) The names of all the cases that department settled in 2014 from the medical-litigation department. (c) The total settlement in dollars from the medical-litigation department in (d) The total contingency fees in dollars from all the medical-litigation department cases settled in Set forth in specific details Plaintiff s duties and responsibilities while employed by this answering defendant. 14. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding Plaintiff s alleged: (a) Misrepresentations concerning the status and future viability of cases he handled for the firm; (b) Breaches of professional obligations to Defendant; and (c) Violations of ethical obligations, the law and/or public policy. 15. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding her use of paid runners to solicit and/or bring in clients.

12 16. Set forth in specific details, including dates and times, any and all discussions among Plaintiff, this answering defendant, and Ellie Silverman, Esq. regarding this answering defendant s use of paid runners to solicit and/or bring in clients. 17. State the following the name and address of an individual known to this answering defendant as Jay and Mohammed, who bring clients into the firm in exchange for compensation. 18. State the amount of money given to Medhi Saha to entice him to transfer his car accident case and other cases to this answering defendant s firm from another law firm. 19. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding this answering defendant s discriminatory actions to Plaintiff and its other non-caucasian employees. 20. Identify each and every document that this answering defendant intends to introduce as an exhibit at the trial of this matter. 21. Identify each and every person whom this answering defendant may call as a witness in the trial of this matter. For each such person, specify the nature of the anticipated testimony to be elicited. DATED: Forest Hills, New York February 4, 2016 Pro se Plaintiff Queens Blvd., Suite 513 Forest Hills, NY BY: TO: LESLIE JONES THOMAS, ESQ. Attorneys for defendants NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., 299 Broadway, Suite 1700 New York, NY 10007

13 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X, -against- Plaintiff, NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., Index No.: /2015 PLAINTIFF S FIRST SET OF INTERROGATORRIES AS TO ILYA NOVOFASTOVSKY, ESQ. Defendants X PLEASE TAKE NOTICE, that pursuant to the applicable provisions of Article 31 of the CPLR, Plaintiff, hereby demands that defendant ILYA NOVOFASTOVSKY, ESQ. ( this answering defendant ) serve answers under oath the following interrogatories within 30 days of the date of service: INTERROGATORIES 1. State: a. Your full name; b. Each other name, if any, that you have used or by which you have been known; c. Your present residence address and the address of each residence that you have had during the past five years; d. Present occupation; e. Year of your birth and present age. 2. Set forth the full name, job title, and employer of each person answering and/or assisting in the answering of these interrogatories. 3. Set forth in specific details any and all bases for this answering defendant s claim that Plaintiff s Complaint violated the requirements of NY CPLR section 3013 in that it fails to provide the Defendant with notice of the transactions, occurrences, or series of transactions intended to be proved, as well the material elements of each cause of action or defense. 4. Set forth in specific details as to how and in what way [t]he Complaint contains conflicting, incomplete, and confusing allegations and/or statements with no material elements to support said claims. 5. Set forth in specific details any and all applicable CPLR provisions and/or case law that recognize this answering defendant s Second Affirmative Defense.

14 6. Set forth in specific details as to how and in what way Plaintiff is acting in bad faith as claimed in paragraph 13 of this answering defendant s Answer. 7. Set forth in specific details any and all bases for this answering defendant s claim of Plaintiff s misrepresentations concerning the status and future viability of cases he handled for the firm as claimed in paragraph 13 of Defendant s Answer. 8. Set forth in specific details as to how and in what way Plaintiff has not incurred damages as a result of Defendant s conduct. 9. Set forth in specific details as to how and in what way that the alleged contractual breaches are a direct result of Plaintiff s conduct, not Defendant s conduct. 10. Set forth in specific details as to how and in what way do the claims identified in the Verified Complaint do not constitute a case or controversy that is ripe for determination by this Court. 11. Set forth in specific details as to how and in what way does Plaintiff s Verified Complaint fails to state a cause of action. 12. State: (a) The names of all the cases and status that were managed by Plaintiff during his employment by this answering defendant. (b) The names of all the cases that department settled in 2014 from the medical-litigation department. (c) The total settlement in dollars from the medical-litigation department in (d) The total contingency fees in dollars from all the medical-litigation department cases settled in Set forth in specific details Plaintiff s duties and responsibilities while employed by this answering defendant. 14. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding Plaintiff s alleged: (a) Misrepresentations concerning the status and future viability of cases he handled for the firm; (b) Breaches of professional obligations to Defendant; and (c) Violations of ethical obligations, the law and/or public policy. 15. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding her use of paid runners to solicit and/or bring in clients.

15 16. Set forth in specific details, including dates and times, any and all discussions among Plaintiff, this answering defendant, and Ellie Silverman, Esq. regarding this answering defendant s use of paid runners to solicit and/or bring in clients. 17. State the following the name and address of an individual known to this answering defendant as Jay and Mohammed, who bring clients into the firm in exchange for compensation. 18. State the amount of money given to Medhi Saha to entice him to transfer his car accident case and other cases to this answering defendant s firm from another law firm. 19. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding this answering defendant s discriminatory actions to Plaintiff and its other non-caucasian employees. 20. Identify each and every document that this answering defendant intends to introduce as an exhibit at the trial of this matter. 21. Identify each and every person whom this answering defendant may call as a witness in the trial of this matter. For each such person, specify the nature of the anticipated testimony to be elicited. DATED: Forest Hills, New York February 4, 2016 Pro se Plaintiff Queens Blvd., Suite 513 Forest Hills, NY BY: TO: LESLIE JONES THOMAS, ESQ. Attorneys for defendants NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., 299 Broadway, Suite 1700 New York, NY 10007

16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X, -against- Plaintiff, NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., Index No.: /2015 PLAINTIFF S FIRST SET OF INTERROGATORRIES AS TO NOVO LAW FIRM, P.C. Defendants X PLEASE TAKE NOTICE, that pursuant to the applicable provisions of Article 31 of the CPLR, Plaintiff, hereby demands that defendant NOVO LAW FIRM, P.C. ( this answering defendant ) serve answers under oath the following interrogatories within 30 days of the date of service: INTERROGATORIES 1. State: a. Your full name; b. Each other name, if any, that you have used or by which you have been known; c. Your present residence address and the address of each residence that you have had during the past five years; d. Present occupation; e. Year of your birth and present age. 2. Set forth the full name, job title, and employer of each person answering and/or assisting in the answering of these interrogatories. 3. Set forth in specific details any and all bases for this answering defendant s claim that Plaintiff s Complaint violated the requirements of NY CPLR section 3013 in that it fails to provide the Defendant with notice of the transactions, occurrences, or series of transactions intended to be proved, as well the material elements of each cause of action or defense. 4. Set forth in specific details as to how and in what way [t]he Complaint contains conflicting, incomplete, and confusing allegations and/or statements with no material elements to support said claims. 5. Set forth in specific details any and all applicable CPLR provisions and/or case law that recognize this answering defendant s Second Affirmative Defense.

17 6. Set forth in specific details as to how and in what way Plaintiff is acting in bad faith as claimed in paragraph 13 of this answering defendant s Answer. 7. Set forth in specific details any and all bases for this answering defendant s claim of Plaintiff s misrepresentations concerning the status and future viability of cases he handled for the firm as claimed in paragraph 13 of Defendant s Answer. 8. Set forth in specific details as to how and in what way Plaintiff has not incurred damages as a result of Defendant s conduct. 9. Set forth in specific details as to how and in what way that the alleged contractual breaches are a direct result of Plaintiff s conduct, not Defendant s conduct. 10. Set forth in specific details as to how and in what way do the claims identified in the Verified Complaint do not constitute a case or controversy that is ripe for determination by this Court. 11. Set forth in specific details as to how and in what way does Plaintiff s Verified Complaint fails to state a cause of action. 12. State: (a) The names of all the cases and status that were managed by Plaintiff during his employment by this answering defendant. (b) The names of all the cases that department settled in 2014 from the medical-litigation department. (c) The total settlement in dollars from the medical-litigation department in (d) The total contingency fees in dollars from all the medical-litigation department cases settled in Set forth in specific details Plaintiff s duties and responsibilities while employed by this answering defendant. 14. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding Plaintiff s alleged: (a) Misrepresentations concerning the status and future viability of cases he handled for the firm; (b) Breaches of professional obligations to Defendant; and (c) Violations of ethical obligations, the law and/or public policy. 15. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding her use of paid runners to solicit and/or bring in clients.

18 16. Set forth in specific details, including dates and times, any and all discussions among Plaintiff, this answering defendant, and Ellie Silverman, Esq. regarding this answering defendant s use of paid runners to solicit and/or bring in clients. 17. State the following the name and address of an individual known to this answering defendant as Jay and Mohammed, who bring clients into the firm in exchange for compensation. 18. State the amount of money given to Medhi Saha to entice him to transfer his car accident case and other cases to this answering defendant s firm from another law firm. 19. Set forth in specific details, including dates and times, any and all discussions between Plaintiff and this answering defendant regarding this answering defendant s discriminatory actions to Plaintiff and its other non-caucasian employees. 20. Identify each and every document that this answering defendant intends to introduce as an exhibit at the trial of this matter. 21. Identify each and every person whom this answering defendant may call as a witness in the trial of this matter. For each such person, specify the nature of the anticipated testimony to be elicited. DATED: Forest Hills, New York February 4, 2016 Pro se Plaintiff Queens Blvd., Suite 513 Forest Hills, NY BY: TO: LESLIE JONES THOMAS, ESQ. Attorneys for defendants NEHAMA NOVOFASTOVSKY, ILYA NOVOFASTOVSKY, ESQ., and NOVO LAW FIRM, P.C., 299 Broadway, Suite 1700 New York, NY 10007

19 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF QUEENS ) SS: Lawrence S. Cerbone, being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Queens County in the State of New York. On February 4, 2016, I served a true copy of the annexed COMBINED DISCOVERY AND DEMANDS, FIRST SET OF INTERROGATORIES, AND NOTICE OF DEPOSITION, by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: Sworn to before me on February 4, 2016 Notary Public LAWRENCE S. CERBONE

20 Index No.: 18584/2015 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF QUEENS, NOVO LAW FIRM, P.C., Plaintiff, -against- Defendant. COMBINED DISCOVERY AND DEMANDS, FIRST SET OF INTERROGATORIES, AND NOTICE OF DEPOSITION JAMES S. PAGLINAWAN Pro Se Plaintiff Queens Blvd., Suite 513 Forest Hills, NY (718) ATTORNEY S CERTIFICATION. Upon reasonable inquiry under the circumstances, I certify that the presentation of these papers or contentions therein is made in good faith and is not frivolous. Dated: February 4, 2016 Signature: JAMES S. PAGLINAWAN