FILED: KINGS COUNTY CLERK 02/18/2014 INDEX NO /2013 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/18/2014

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1 FILED: KINGS COUNTY CLERK 02/18/2014 INDEX NO /2013 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 02/18/2014 SUPREME COURT OF THE STTE OF NEW YORK COUNTY OF KINGS ~ ~ )( SHIRLEY ELFIE LIFE TRUST and PINKESZ MUTUL HOLDINGS LLC, -against- Plaintiff(s), EDWRD PINKESZ a/k/a JOSEPH PINKESZ a/k/a CHIM YOSSI PINKESZ, NTHONY PINKESZ a/k/a USHI PINKESZ, JOEL WURTZBERGER, RBBI ISREL M. KENIG and the RBBINICL COURT ORECH MISHOR OF BORO PRK, Inde)( No /13 PLINTIFFS' FIRST DEMND FOR DISCOVERY ND INSPECTION Defendant( s) )( SIRS: Pursuant to rticle 31 of the Civil Practice Law and Rilles including Rules 3101, 3102 and 3120, SHIRLEY ELFIE LIFE TRUST and PINKESZ MUTUL HOLDINGS LLC (the" Plaintiffs") hereby request that, within twenty (20) days of the service hereof, each one of the Defendants (EDWRD PINKESZ ajkia JOSEPH PINKESZ ajkia CHIM YOSSI PINKESZ, NTHONY PINKESZ ajkia USHI PINKESZ, JOEL WURTZBERGER, RBBI ISREL M. KENIG and the RBBINICL COURT ORECH MISHOR OF BORO PRK) (a) respond separately and individually to the following demands for Discovery and Inspection, and (b) each Defendant must produce and make available for inspection and copying all documents in his/her/its possession, custody or control, or in the possession, custody or control of their agents, employees, servants or attorneys, or reasonably available to them or any of such persons, consisting of or regarding the matters listed below.

2 The originals of all documents required to be produced pursuant to this request shall be made available for inspection and copying by the Plaintiffs' attorneys Regosin, Edwards, Stone & Feder at Defendant's Deposition. DEFINITIONS ND INSTRUCTIONS PLESE TKE NOTICE, that Pursuant to the Civil Practice Law and Rules and the Domestic Relations Law, Plaintiff hereby requests that the Defendant produce and make available for inspection and copying all documents in his possession, custody or control, or in the possession, custody or control of his agents, employees, servants and/or attorneys, or reasonably available to him or any of such persons, consisting of or regarding the matters listed below. ll documents required to be produced pursuant to this request shall be made available for inspection and copying at the offices of the Plaintiff's attorneys Regosin, Edwards, Stone & Feder, 225 Broadway, New York, New York at or prior to 10.M. on or before twenty days after service hereof, pursuant to the following definitions and instructions. The Defendants are hereby referred to the New York State Court Rilles, and the CPLR, and the cases decided thereunder, with respect to the uniform definitions and rules of construction in discovery requests, which are incorporated by reference herein. In addition thereto, the following definitions and instructions apply hereto. Definitions 1. "Relevant Period" shall mean the period commencing from the earlier of the date referred to in the inquiry or January 1,2011, whichever is earlier, to the date of your response,- in addition to such earlier period( s) as may be appropriate to make the responses hereto complete in their entirety. 2. SHIRLEY ELFIE LIFE TRUST ("SHIRLEY"), shall mean the Plaintiff herein, including its employees, principals, partners, business entities, employers, attorneys and/or agents. 3. PINKESZ MUTUL HOLDINGS LLC (" HOLDINGS"), shall mean the Plaintiff herein, including its employees, principals, partners, business entities, employers, attorneys and/or agents. 4. EDWRD PINKESZ a/k/a JOSEPH PINKESZ a/k/a CHIM YOSSI PINKESZ, "EDWRD"), shall mean the Defendant herein, including any employees, partners, business associates, attorneys and/or agents he may have. 2

3 5. NTHONY PINKESZ ajk/a USHI PINKESZ, ("USHI"), shall mean the Defendant herein, including any employees, partners, business associates, attorneys and/or agents he may have. 6. JOEL WURTZBERGER ("WURTZBERGER"), shall mean the Defendant herein, including any employees, partners, business associates, attorneys and/or agents he may have. 7. RBBI ISREL M. KENIG ("KENIG") shall mean the Defendant herein, including any employees, partners, business associates, attorneys and/or agents he may have. 8. The RBBINICL COURT ORECH MISHOR OF BORO PRK ("RBBINICL COURT"), shall mean the Defendant herein, including any employees, partners, business associates, attorneys and/or agents he may have. 9. CHIM HGER ("HGER") shall mean one of the investors in the purchase of the subject Life Insurance Policy, including any employees, partners, business associates, attorneys and/or agents he may have. 10. HESHY DEUTCH ("DEUTCH") shall mean one of the facilitators to the transaction for the purchase of the subject Life Insurance Policy, including any employees, partners, business associates, attorneys and/or agents he may have. 11. "Settlement Transactions" shall mean the process of the purchase of Life Insurance Policies on behalf of persons or entities on behalf of themselves and/or other investors, and assuming the responsibility for paying future premiums, in anticipation of the hope of netting a profit upon the maturation ofthe policy. 12. The words "you", "your" or other references to any entities referred to refers to Plaintiff unless otherwise set forth, and shall be deemed, unless stated to the contrary, to refer to said entity, as well as their predecessors and successors in interest, subsidiaries, parents, affiliates, officers, directors, employees, attorneys, investigators, representatives, and all third parties to whom a document may have been delivered, and all persons, real, corporate or otherwise, acting or purporting to act in its behalf. 13. The words "record", "records", "document", and "documents" shall mean and include all documents that are or were in your possession, custody or control, including but not limited to, papers; books; notes, memorandum, written records; photographs; communications including telegrams, telexes, telegraphs, letters, , computer files, electronic and all other communication, cables, memoranda, notes, transcripts, reports, and recordings of telephone or other conversations, interviews, conferences, and other meetings; correspondence including affidavits, 3

4 statements, summaries, opmlons, reports, studies, analyses, evaluations, contracts, policies, statistical records; calendars and diaries; lists; tabulations; sound or video recordings; computer printouts; microfilm; books of account, records and invoices reflecting business operations; payment records; and invoices; whether created, sent or received by you, however produced or reproduced; whether photographed, typed, taped, viewed, handwritten, graphic, computer generated or otherwise; including, but not limited to, checks, bank drafts, electronic funds transfers, cash receipts, all records kept by electronic, photographic or mechanical means; any notes or drafts relating to the foregoing and all things similar to any of the foregoing, however denominated. The words "record", "records", "document" or "documents: includes all originals and all non-identical copies, including all drafts and copies upon which any notes or markings have been made. 14. "Concerning" shall mean; in whole or in part,- constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, analyzing, summarizing, mentioning, reflecting, relating, and/or referring to, directly or indirectly. 15. The singular form of any word includes the plural form, and vice versa. 16. The terms "and" and "or" have both conjunctive and disjunctive meanings; and the terms "each", "any," and "all" mean "each and every." 17. Capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Pleadings. Instructions Period. 18. Unless otherwise indicated, each document demand covers the entire Relevant 19. If you object to the production of any document on the basis of any claim of privilege or of attorney work product, identify such document with specificity by (a) date of production (b) number of pages and schedules or attachments and (c) its present custodian(s), and: (i) identify all persons known to have, or ever to have, received a copy of such document; and (ii) the basis or nature of the claim of privilege; and (iv) if the privilege is attorney-client privilege identify the attorney and the client and the matter in which said relationship gives rise to the claim of privilege. 20. Documents should be produced as and in the form and manner they are kept in the ordinary course of business, and organized and labeled to identify each request to which they are responsive. 4

5 21. If, and to the extent, any request calls for the production of a part of a document, the request should be construed to call for the production of the entire document. 22. The requests herein are continuing, and to the extent documents come into your possession, or control at any time hereafter after responding to these requests, such additional documents shall be immediately produced. 23. If in determining whether any document is or may be responsive to any request, such determination depends upon the meaning of any word, term or phrase in these requests that is deemed or believed by you to be ambiguous, or susceptible of multiple meanings,- you are to construe the request as requiring the production of all such documents, if their production would be called for under any of the meanings you might ascribe to such word, term or phrase. 24. If production of any Document (or part thereof) referred to by the within Requests is refused on the grounds of any claim or privilege, state separately with respect to each such Document: a. the name and position of the person who created the Document; b. the name and position of each person to whom the Document or any copy of the Document has been transmitted; and c. the date on which the Document was created; and d. a description of the Document sufficient to identify it; and e. the Documents' current location; and e. the grounds on which the privilege is claimed. 25. If any Documents requested herein are missing or have been lost, discarded or destroyed, such Documents shall be identified as completely as possible, including without limitation: (a) the name and position of the person who created the Document; (b) the name and position of each person to whom the Document or any copy of the Document has been transmitted; (c) the date on which the Document was created; (d) a detailed description of the Document; (e) the Documents' last known location; (f) the date of its disposal; (g) the manner of its disposal; (h) the reason for its disposal; (i) the person authorizing its disposal; and G) the person disposing of the Document itself. With regard to each such Document, you are required to produce whatever portiones) thereof which are available to you. 5

6 26. Note that you are required to produce each document requested herein in its original file folder, file jacket, or cov~r as kept in the usual course of business or organized and kept to correspond with the paragraphs in this request. THE FOLLOWING RE THE ISSUES RELEVNT TO,THE DEMNDS FOR WHICH DOCUMENTS MUST BE PRODUCED: ISSUES 1. Q (a) Please provide all documents, recordings and all other records and writings showing how many Settlement Transactions have Defendants EDWRD and/or USHI, individually or with others, been participants in during the last ten (l0) years (nswer separately for EDWRD and for USHI). (b) Please provide all documents, recordings and all other records and writings showing what the total amount of Insurance Coverage in those Settlement Transaction was. (c) Please provide all documents, recordings and all other records and writings showing what the total amount collected from the insurance company carriers to this date on those Settlement Transactions was. (d) Please provide all documents, recordings and all other records and writings showing how many of those Settlement Transactions resulted in disputes with other Claimants. (e) Please provide all documents, recordings and all other records and writings showing all of the Settlement Transactions with disputes, and the names and contact information of each ofthe other Claimants in each ofthose disputes. (f) If any of those disputes resulted in (i) written demands; (ii) Bet Din Proceedings, or (iii) Secular litigation, please provide all documents, recordings and all other records and writings showing for each dispute identified above, attach copies of all papers and proceedings received or exchanged in the dispute, and submit them with your responses hereto. (g) Please provide all documents, recordings and all other records and writings showing the testimony regarding any of the above at the Bet Din before KENIG and/or the RBBINICL COURT. 6

7 2. Q Please provide all documents, recordings and all other records and writings showing that in or around 2011, (i) USHI (or EDWRD) was involved in seeking to obtain an interest in an insurance policy numbered , issued by Massachusetts Mutual Life Insurance Company on the life of Jacob Pinkesz, which had a face value of $5 million (hereinafter referred to as, the "Jacob Policy"). showing that the Jacob Policy was owned by a synagogue in Philadelphia, Congregation Beth Solomon. (iii) Please provide all documents, recordings and all other records and writings showing the testimony regarding any of the above at the Bet Din before KENIG and/or the RBBINICL COURT. 3. Q (h) Please provide all documents, recordings and all other records and writings showing the involvement that Defendant WURTZBERGER had in or with the effort to seek to obtain the Jacob Policy. showing the testimony regarding any of the above at the Bet Din before KENIG. and/or the RBBINICL COURT. 4. Q (i) Please provide all documents, recordings and all other records and writings showing the involvement EDWRD (or USHI) had in or with the effort to seek to 7

8 obtain the Jacob Policy. showing the testimony regarding any of the above at the Bet Din before KENIG and/or the RBBINICL COURT.. 5. Q (i) Please provide all documents, recordings and all other records and writings showing the agreement reached by USBI (or EDWRD) and WURTZBERGER regarding the Pinkesz Policy, and the terms and conditions of the greement. showing the testimony regarding any of the above at the Bet Din before KENIG and/or the RBBINICL COURT.. 6. Q (i) Please provide all documents, recordings and all other records and writings showing the agreement reached with Defendant EDWRD (or USBI) regarding the Pinkesz Policy. showing the terms and conditions of the greement. (iii) Please provide all documents, recordings and all other records and writings showing the testimony regarding any of the above at the Bet Din before KENIG and/or the RBBINICL COURT. 7. Q (i) Please provide all documents, recordings and all other records and writings showing that Congregation Beth Solomon accepted an $800, offer for the Jacob Policy in or about March 2011, and then sold the Jacob Policy to USBI (or 8

9 EDWRD) as the new named policy owner. showing USHI (or EDWRD) and WURTZBERGER entered into a Nominee greement pursuant to which USHI (or EDW RD) acknowledged WURTZBERGER's ownership in the Jacob Policy, and that USHI (or EDWRD) was holding WURTZBERGER's shares in the Jacob Policy as a Nominee for WURTZBERGER and/or his assigns. (iii) Please provide all documents, recordings and all other records and writings showing the testimony regarding any of the above at the Bet Din before KENIG and/or the RBBINICL COURT. 8. Q (i) Please provide all documents, recordings and all other records and writings showing that USHI and/or EDWRD were aware that the $400, that WURTZBERGER invested in the Jacob Policy was in fact an investment made fully or partially on behalf of a co-investor, HGER and/or the Plaintiffs and/or others, who had an interest in the Jacob Policy, and paid all or part of the payments. showing the testimony regarding any of the above at the Bet Din before KENIG and/or the RBBINICL COURT. 9. Q (i) Please provide all documents, recordings and all other records and writings showing that there was a business relationship between WURTZBERGER, and/or USHI and/or EDWRD and/or HGER and/or DEUTCH and/or, another facilitator(s) of the transaction, that was finalized and memorialized in two or more written documents, and submit those documents. 9

10 showing the agreement of the parties as to the distribution of death benefits upon maturity, including a "commission" payment to USHI (or EDWRD), and the second document setting forth an agreement that WURTZBERGER would provide a loan to USHI (or EDWRD). (iii) Please provide all documents, recordings and all other records and writings showing the testimony regarding any of the above at the Bet Din before KENIG and/or the RBBINICL COURT. 10. Q Please provide all documents, recordings and all other records and writings showing that there came a time on or about pril 12, 2011, that USHI (or EDWRD) sought to submit his disputes to a religious arbitration tribunal before the Defendant RBBINICL COURT. 11. Q Please provide all documents, recordings and all other records and writings showing that the rbitration greement provides that the submission to the RBBINICL COURT was to a Beth Din ofthree rabbis. 10

11 12. Q (i) Please provide all documents, recordings and all other records and writings showing: (a) that HGER was present at a portion of the first Bet Din Hearing; (b) why he was there; (c) how long he stayed; (d) what testimony or evidence he contributed, if any; and (e) why he left early; and (f) those showing whether or not HGER voiced his objection to the validity of the Bet Din, or any other objection,- and (g) what the objection(s) were, if any. 13. Q Please provide all documents, recordings and all other records and writings showing that USHI (or EDWRD) selected Defendant KENIG of to be one of the arbitrators. 14 Q (i) Please provide all documents, recordings and all other records and writings showing that the first RBBINICL COURT Proceeding in this matter was held in or about pril showing who was present at that Proceeding. (iii) Please provide all documents, recordings and all other records and writings showing all evidence, documents or records of any kind presented at that Proceeding. (iv) Please provide all documents, recordings and all other records and writings, notes, memorandum, or any other records made of the Proceeding. 11

12 15. Q Please provide all documents, recordings and all other records and writings showing that the RBBINICL COURT's First ward is on a letterhead indicating that three rabbis are participating in issuing the ruling: Rabbi Kenig, Rabbi Meier Shmuel Binyamin Laufer, and Rabbi sher Landau. 16. Q Please provide all documents, recordings and all other records and writings showing that the RBBINICL COURT's First ward is only signed by KENIG; and those that show whether or not that First ward was intended to be Final. 17. Q Please provide all documents, recordings and all.other records and writings showing whether or not Rabbi Meier Shmuel Binyamin Laufer and/or Rabbi sher Landau involved in evaluating the evidence; making a decision and/or issuing the First ward. 18. Q. Please provide all documents, recordings and all other records and writings showing that a loan of approximately $425, was made by or for WURTZBERGER to USHI or EDWRD after the First ward. 12

13 19. Q Please provide all documents, recordings and all other records and writings showing that, in or about June 2011, after the First ward, USHI (or EDWRD) agreed to sell his 50% interest in the Jacob Policy to Plaintiff HOLDINGS. 20. Q Please provide all documents, recordings and all other records and writings showing when for the first time, any of the Defendants knew that the members of HOLDINGS were the Plaintiff TRUST (50%), HGER (25%), and Better Bottles, LLC (25%); and that WURTZBERGER is a member of Better Bottles, LLC. 21. Q (i) Please provide all documents, recordings and all other records and writings showing that EDWRD's (or USHI's) interest in the Jacob Policy was sold by him to HOLDINGS. showing the date the transaction took place. (iii) Please provide all documents, recordings and all other records and writings showing the purchase price. (iv) Please provide all documents, recordings and all other records and writings showing that USHI or EDWRD knew who the Members of HOLDINGS were when he sold the Jacob Policy to HOLDINGS. (v) Please provide all documents, recordings and all other records and writings showing that USHI or EDWRD know which Members of HOLDINGS supplied the money that was paid to him for the Jacob Policy. (vi) Please provide all documents, recordings and all other records and writings 13

14 showing that USHI or EDWRD were aware that WURTZBERGER was acting in HOLDINGS' interests and for its entitlements in the transaction. 22. Q Please provide all documents, recordings and all other records and writings showing that USHI or EDWRD executed a Transfer of Ownership form transferring the Jacob Policy to HOLDING. 23. Q Please provide all documents, recordings and all other records and writings showing that Jacob Pinkesz, the named insured on the Jacob Policy, died in or around June or July Q Please provide all documents, recordings and all other records and writings showing that, in or around July 2013 (i.e., more than two years after both the pril 2011 Beth Din hearing and the May 2011 First ward), two letters were sent to WURTZBERGER from KENIG, saying he must come back to Beth Din. 25. Q (i) Please provide all documents, recordings and all other records and writings 14

15 showing why were those letters sent. showing each event, or failure, that occurred between pril 2011 and July 2013, which were taken into account in determining to send either of those letters. 26. Q (i) Please provide all documents, recordings and all other records and writings showing that KENIG had conversations and/or texts and/or exchanges with either or both USBI and/or EDWRD in the 28 months prior to sending those letters. 27. Q Please provide all documents, recordings and all other records and writings showing whether or not KENIG had any conversations, texts or exchanges with WURTZBERGER at any time regarding either the letters or any past or future RBBINICL COURT hearings or proceedings regarding the Jacob Policy. 28. Q (i) Please provide all documents, recordings and all other records and writings regarding or confirming the Meeting at the RBBINICL COURT on or about July 10, 2013 with KENIG, WURTZBERGER, USBI, EDWRD and/or others; and those that show whether or not the Decision issued from that Meeting was intended to be Final. 15

16 29. Q (i) Please provide all documents, recordings and all other records and writings showing that, USHI's father is the President of the Synagogue where KENIG is the Rabbinical leader. showing that USHI and KENIG had ex parte communications before the July 2013 Hearing. (iii) Please provide all documents, recordings and all other records and writings showing that USHI has retained KENIG as an arbitrator in other unrelated matters. 30. Q Please provide all documents, recordings and all other records and writings showing what consideration, compensation, benefits and/or offsets KENIG received, or was promised, from or by EDWRD or USHI or WURTZBERGER in exchange for his services in this matter and/or the decisions he rendered in this matter. Please note that,- if there is insufficient space provided in any nswer "box" for your nswers,- attach supplemental sheets hereto for the balance of the nswers,- and swear to each supplemental sheet before a Notary Public. Dated: New York, New York February 18,

17 Yours. etc. REGOSIN, EDW~S, STONE ttorneys fo~ ~7 By:./ (tiy/ Saul E. Feder, Esq. Office & Post Office ddress 225 Broadway, Suite 613 New York, New York (212) TO: Joel Wurtzberger, Defendant -pro se th Street, Brooklyn, NY ; Zvi. Storch, Esq. ttorney for Israel Koenig slh/a Rabbi Israel M. Kenig and the Rabbinical Court Orech Mishor of Boro Park 2308 Coney Island venue, 2nd Floor Brooklyn, New York (718) ; Served by Electronic Filing Law Offices of Solomon E. ntar By: Leopold Gross, Esq. & Solomon E. ntar, Esq. ttorneys for Edward Pinkesz a/k/a Joseph Pinkesz a/k/a Chaim Yossi Pinkesz 26 Court Street - Suite 1200 Brooklyn, New York Tel: (212) ; 1eopo1dgross@gmai1.com; seaesq@msn.com Served by Electronic Filing Jon. Lefkowitz, Esq. ttorneys for nthony Pinkesz a/k/a Ushi Pinkesz 122 venuem Brooklyn, New York Tel: (718) jona1efkowitz@gmai1.com Served by Electronic Filing 17

18 STTE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) MRGRET PHILIPP IN, being duly sworn, deposes and says: That she resides at 571 Ovington venue, Brooklyn, New York On the 18 th day of February, 2014, she served a true copy of the annexed PLINTIFFS' FIRST REQUEST FOR NSWERS TO INTERROGTORIES on the following named persons by TO: Joel Wurtzberger, Defendant -pro se th Street, Brooklyn, NY ; Joyland@gmail.com Zvi. Storch, Esq. ttorney for Israel Koenig s/h/a Rabbi Israel M. Kenig and the Rabbinical Court Orech Mishor ofboro Park 2308 Coney Island venue, 2nd Floor Brooklyn, New York (718) ; zvistorch@me.com Served by Electronic Filing Law Offices of Solomon E. ntar By: Leopold Gross, Esq. & Solomon E. ntar, Esq. ttorneys for Edward Pinkesz a/k/a Joseph Pinkesz a/k/a Chaim Yossi Pinkesz 26 Court Street - Suite 1200 Brooklyn, New York Tel: (212) ; leopoldgross@gmail.com; seaesg@msn.com Served by Electronic Filing Jon. Lefkowitz, Esq. ttorneys for nthony Pinkesz a/k/a Ushi Pinkesz 122 venue M Brooklyn, New York Tel: (718) jonalefkowitz@gmail.com Served by Electronic Filing Sworn to before day of Februa ~ Of ~ his~.~~~?~ Margaret Philippin Notary 1&

19 SUPREME COURT OF THE STTE OF NEW YORK COUNTY OF KINGS x SHIRLEY ELFIE LIFE TRUST and PINKESZ MUTUL HOLDINGS LLC, -against- Plaintiff(s), Index No /13 EDWRD PINKESZ a/k/a JOSEPH PINKESZ a/k/a CHIM YOSSI PINKESZ, NTHONY PINKESZ a/k/a USHI PINKESZ, JOEL WURTZBERGER, RBBI ISREL M. KENIG and the RBBINICL COURT ORECH MISHOR OF BORO PRK, Defendant( s) x PLINTIFFS' FIRST DEMND FOR DISCOVERY ND INSPECTION Regosin Edwards Stone & Feder ttorneys for Plaintiffs Office and Post Office ddress, Telephone 225 Broadway, Suite 613 New York, New York (212) (212) Pursuant to 22 NYCRR , the undersigned, an attomey admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentiolls COllt ed ill the allnexed documellt are Ilotfrivolous. Service of a copy of the within is hereby admitted. Dated: ttomey(s) for... PLESE TKE NOTICE: o NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on o NOTICE OF SETTLEMENT that a will be presented for settlement to the HaN. within named Court, at on at M of which the within is a true copy one of the judges of the Dated, Yours, etc. REGOSIN EDWRDS STONE & FEDER