FILED: NEW YORK COUNTY CLERK 04/26/ :52 AM INDEX NO /2016 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 04/26/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x Index No /2016 JOHN WOODWARD, KRISTINE WOODWARD and G.O.L.A. d/b/a WOODWARD GALLERY, -against Plaintiffs, PLAINTIFFS FIRST SET OF INTERROGATORY DEMANDS TO DEFENDANTS NIRA LEVINE and NLR UNLIMITED, INC., Defendants x PLEASE TAKE NOTICE, pursuant to Article 31, CPLR & Section 3130 CPLR, et seq., the undersigned demands that each adverse party addressed above answer in writing, under oath, each interrogatory set forth below, each question answered separately and fully and each answer preceded by the question to which it responds or relates, and to serve together with such answers true photocopies of all relevant documents required to be produced, referred to or identified by these interrogatories or the answers thereto; the answers and documents herewith required shall be served within twenty (20) days after service hereof; PLEASE TAKE FURTHER NOTICE, that the following interrogatories are deemed to be continuing and, following any initial response hereto, in the event that any party addressed obtains further, additional or different information, documents and data which would or should be responsive thereto, or which would provide the basis for further verified amplification, description or explanation to any answer theretofore provided, then, the undersigned demands that further responses be made with respect to such further information, etc. within twenty (20) days from the date obtained or available and not later than thirty (30) days prior to the trial herein and that any failure of any party addressed hereby or respondent thereto to supplement these interrogatories will provide the undersigned with the right to and there will be a demand that the Court direct and impose sanctions against the party addressed and/or preclude the party addressed from 1 of 8

2 offering evidence at the time of a trial hereof, with regard to those matters of answer, response, evidence and documentation required as full, fair and faithful responses hereto. PLEASE TAKE NOTICE, that to promote consistency and simplicity, please be guided by and comply with the following explanations, definitions and instructions: I. Defendant herein refers to any named defendant or to any agent(s), and/or servant(s) and/or employee(s) and/or representative(s) thereof. II. Plaintiff herein refers to any named plaintiff or to any agent(s), and/or servant(s) and/or employee(s) and/or representative(s) thereof. III. Documents means the original and any non-identical draft or copy of written, printed, recorded or graphic materials, including but not limited to correspondence, telegrams, telexes, memoranda, notes, books, entries, confirmations, pleadings, judgments, transcriptions or recordings of conversations, meetings, reports, analyses, studies, contracts and agreements, diaries, desk books, minutes, books of account and financial or other records. IV. Identify by Summary means with respect to any documents to state: (a) The name, or type of each such document (i.e., a letter, etc.) and its actual or apparent date of origination; (b) A summary of the nature of its contents, including the date or dates thereof; (c) The identity and name or names of the person or persons (i) who prepared it, and (ii) who received it where not apparent from the face thereof, and; (d) Its present whereabouts or location. In lieu of identifying by summary any document, respondent herein may annex to the sworn answers hereto a copy thereof identified by the interrogatory number to which it responds or corresponds with appropriate reference thereto in the particular answer affected so as to permit ready 2 of 8

3 reference. V. "Produce and/or Provide" means with respect to any document or other item subject to duplication, copying or reproduction to annex a true copy thereof to the answers to these interrogatories identified as an exhibit bearing a number to coincide/ correspond with the number of the interrogatory or demand responded thereto or thereby in the same manner as if the interrogatory or request therefore and such production would involve if separately made pursuant to CPLR (a) In the event that any such document or thing demanded/ requested/required to be made available hereby is claimed by any respondent to be not subject to duplication, copying, reproduction, or annexation, such response should be made together with an explanation as to the substance and particulars of the denial of availability and/or response in the form as explained below. (b) In the event that any respondent claims to be without the possession, custody, or control of any document or thing sought to be produced/provided hereby, demand is made for a response accordingly and, when such response is made, it should state the substance and particulars of the inability to so respond and to further state the knowledge, information an belief as to the present location, possession or custody of any such document or thing and the substance and particulars of the claimed inability to respond. VI. "Identify by name" means with respect to a natural person to state his or her name, home address, business address and position or job title and the location thereof, and with respect to a corporation or other non-natural person to state its full name and address, and the nature and location of its business as is concerned herein. VII. "State the substance and particulars" means with respect to each incident, investigation or oral and written communication, to state the: (a) The nature and details of each such element of the answer; (b) The date and time of each such incident, investigation or communication; (c) The names of the persons who were present or took part therein; and (d) A summary of the nature or substance thereof. VIII. The "transaction" means the acts, activities, happenings or events taking place with respect to activities engaged in by and between the undersigned parties herein, the responding party herein and any third person, party, entity, organization or institution. 3 of 8

4 INTERROGATORIES AS TO THE FIRST CAUSE OF ACTION FOR LIBEL PER SE: 1. With respect to The New York Post article of July 1, 2016, referenced in 9 of the Complaint: (a) Identify by date, name of the person communicated with, and type of of The New York Post; (b) State the substance of any communication relevant to (a) above; communication relevant to (a) above; (d) Identify each such document, stating separately as to each document its date, who created it and to whom it was sent. 2. With respect to the statement in 9 of the Complaint that plaintiffs doctored authenticity documents to dupe her into overpaying for 90 Andy Warhol prints : (a) State the complete factual basis for that statement. 3. With respect to the statement in 9 of the Complaint that and now she s suing the Lower East Side dealers to find out if she was fleeced on another 50 pieces by modern masters like Pablo Picasso and Keith Haring : (a) State the complete factual basis for that statement; 4 of 8

5 (b) List any and all works of art, purchased by defendants from the Woodward Gallery, on which defendants contend they were fleeced ; (c) As to each such work state what defendants paid for it, what they believe they should have paid for it, and the factual basis for that belief. 4. State the complete factual basis for defendants contention that the 90 Andy Warhol Spacefruit prints purchased by defendants from Woodward Gallery are not authentic. 5. Identify by date, name of the person communicated with, and type of of The Andy Warhol Foundation concerning the authenticity of the Andy Warhol Spacefruit prints defendants purchased from Woodward Gallery. 6. With respect to the Artforum online article of July 4, 2016, referenced in 10 of the Complaint: (a) Identify by date, name of the person communicated with, and type of of Artforum; (b) State the substance of any communication relevant to (a) above; communication relevant to (a) above; (d) Identify each such document, stating separately as to each document its date, who created it and to whom it was sent. 5 of 8

6 7. With respect to the statement in 10 of the Complaint that The Warhol Authentication Board also informed her that sixty-three of the works she had copurchased were fakes : (a) State the complete factual basis for that statement; (b) List the 63 works of art, purchased or co-purchased by defendants from the Woodward Gallery, which defendants contend are fakes; communication with The Warhol Authentication Board concerning the inauthenticity of Warhol art works purchased from Woodward Gallery; (d) Identify each such document, stating separately as to each document, its date, who created it and to whom it was sent. 8. With respect to the artnetnews online article of July 4, 2016, referenced in 11 of the Complaint: (a) Identify by date, name of the person communicated with, and type of of artnetnews; (b) State the substance of any communication relevant to (a) above; communication relevant to (a) above; (d) Identify each such document, stating separately as to each document its date, who created it and to whom it was sent. 6 of 8

7 9. With respect to the statement in 11 of the Complaint that Manhattan Gallery Faces Lawsuit Over Fake Warhol Prints : (a) State the complete factual basis for that statement; (b) List the Warhol prints purchased from Woodward Gallery, which defendants contend are fakes. 10. With respect to the Art Review online article of July 5, 2016, referenced in 12 of the Complaint: (a) Identify by date, name of the person communicated with, and type of of Art Review; (b) State the substance of any communication relevant to (a) above; communication relevant to (a) above; (d) Identify each such document, stating separately as to each document its date, who created it and to whom it was sent. 11. With respect to the statement in 12 of the Complaint that Collector sues Woodward Gallery over Andy Warhol fakes : (a) State the complete factual basis for that statement; (b) List the Warhol works purchased from Woodward Gallery, which defendants contend are fakes. 7 of 8

8 Dated: New York, New York April 25, 2017 ROBERTS & ROBERTS, ESQS. Attorneys for Plaintiffs 401 Broadway New York, New York (212) TO:CARTER A. REICH, ESQ. Attorney for Defendants 30 West 22 nd Street, Suite 2E New York, New York (212) of 8