FILED: NEW YORK COUNTY CLERK 07/13/ :56 PM INDEX NO /2015 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 07/13/2018

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1 Supreme Court of ter State of grin Pork County of Reto gnrh X â â â â â â â â â â â â â â â : JACK ELO, ELO GROUP LLC and ELO REALTY CORP., : Plaintiffs, : - against - : Index No /15 BILL BOUZAS, ALFA MECHANICAL : CONTRACTING, INC. and ALFA MECHANICAL AND HEATING LLC, : Defendants. : X â â â â â â â â â â â â â â â â â â â â ELO DEFENDANTS' FIRST OMNIBUS SET OF DOCUMENT DEMANDS C O U N S E L : WHEREAS, by Decision and Order dated July 27, 2017 (Reed, R., J.S.C.) the abovecaptioned action was consolidated for the purposes of joint discovery and trial with the actions Actions" set forth on Exhibit A hereto the ("Alfa Actions"). PLEASE TAKE NOTICE that, pursuant to CPLR 3130, the plaintiffs in the captioned actions and the Elo defendants in the Alfa Actions, by their undersigned attorneys, hereby demands that Alfa Mechanical, Inc. and Alf Mechanical and Heating LLC, produce and permit discovery and inspection on or before August 31, 2018, at the offices of Zane and Rudofsky, 601 West 26th Street, Suite 1315, New York, New York, of the documents (as that term in hereinafter defined) requested below. 1 of 8

2 DEFINITIONS AND INSTRUCTIONS A. As used herein the term "document" shall have the broadest meaning possible and shall include, but not be limited to, the original and all non-duplicate copies of all written, printed, typed, computerized, or other graphic matter of any kind or nature, however recorded (including, but not limited to all means of computerized and/or electronic storage), produced or reproduced, whether sent, received or neither, including any drafts and copies bearing meta-data, notations or marks not found on the original, including but not limited to, all (i) contracts, agreements, representations, warranties, certificates, opinions; (ii) reports, financial statements, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, lists, comparisons, questionnaires, surveys charts, graphs, summaries, extracts, statistical records, compilations; (iii) desk calendars, appointment books, diaries; (iv) books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instruction manuals; (v) photographs, microfilms, phonographs, tape recordings and transcripts thereof, punch cards, magnetic tapes, data cells, print outs, studies, surveys, statistical compilations, analyses, findings, and other data compilations from which information can be obtained; and (vi) all databases, electronic material, tape media, electronic media, electronically stored information, hard drives, computer disks, flash drives, portable storage devices, cellular telephones, personal digital assistant (PDA), "legacy" data, metadata, outlier data, "cloud" data, website data/content, hyperlinks data, analog data, digital data, metadata, data transmitted or hosted by third parties or service providers, and documents relating to the categories of documents sought. B. As used herein the term "communications" shall have the broadest possible meaning and shall include each and ever manner of transmitting or receiving information including, but not limited to, letters, s, faxes, telephonic text messages, or other forms of 2 2 of 8

3 correspondence or communication, (including reports, notes, notations, and memoranda relating to all such correspondence and communication); C. As used herein the term "evidencing" means "concerning", "establishing", "reflecting" and/or "relating to". D. As used herein the term "Alfa" shall mean Alfa Mechanical, Inc., Alfa Mechanical and Heating LLC, and Bill Bouzas and all of their principals, officers, directors, affiliates, employees and/or agents, as well as any individual or entity acting at the request of, and/or on behalf of any or all of the Plaintiffs. E. As used herein the term "Elo" shall mean each of the current defendants in the Alfa Actions, and all of their principals, officers, directors, members, affiliates, employees and/or agents, as well as any individual or entity acting at the request of, and/or on behalf of each entity, including but not limited to Jack Elo. F. As used herein the term "Plumbing Services" shall mean any and all plumbing and related services (including, but not limited to labor and materials) provided to Elo at each of the premises alleged in the Complaints in the Alfa Actions from January 1, 2010 to the date the Complaints herein were filed. G. As used herein the term "books and records" means all financial documents, including, but not limited to general ledgers, sub-ledgers balance statements, financial summaries, operating reports, reports, financial statements, tabulations, studies, analyses, evaluations, projections, work papers, lists, summaries, extracts, statistical records, compilations, and other documents concerning and/or setting forth and/or recording any financial information and/or transactions. 3 3 of 8

4 INSTRUCTIONS Alfa is under a continuing duty to supplement each of their responses. Furthermore, Alfa is under a similar duty to correct any incorrect or incomplete response if later learned to be incorrect or incomplete. Documents shall be produced as they are kept in the usual course of business. All documents shall be produced in the file folder, envelope or other container in which they documents are kept or maintained. All documents shall be produced intact in their original files, without disturbing the organization of documents employed during the conduct of the ordinary course of business and during the subsequent maintenance of the documents. All documents shall be produced in an orderly manner sufficient to identify the source of the documents, the file in which it was kept or maintained, the person to whom such file belongs and the number of the Document Request to which it responds. To the extent there are multiple copies of any document, some of which contain handwritten notes, highlights or other markings, all such documents must be produced. Where a claim of privilege is asserted in objecting to any means of discovery or disclosure, including but not limited to a deposition, and an answer is not provided on the basis of such assertion: (a) the type of document (e.g., letter or memorandum); (b) the general subject matter of the document; (c) the date of the document; (d) such other information as is sufficient to identify the document for a subpoena duces tecum, including where not apparent, the relationship of the author, addresses, and recipients to each other. If it is claimed that only part of the document is privileged or otherwise need not be produced, please produce the remaining part of the document. If any portion of the document is redacted, please so indicated by stamping "REDACTED" where appropriate. 4 4 of 8

5 If a document to be produced has been lost, discarded, transferred to another person, destroyed, otherwise disposed of, please set forth in writing: i. the date, name, and subject matter of the document; ii. the name, employment and title of each person who prepared, received, reviewed, or had custody, possession or control of the document; iii. the previous location of the document; iv. the date of destruction, disposal or transfer of the document; v. the reason for the destruction, disposal or transfer of the document, and if applicable, the manner of destruction, disposal or transfer of the document If in responding to the Document Requests Plaintiffs encounter any ambiguity with respect to the Document Requests or any definition of instruction stated herein, Alfa shall set forth the matter deemed ambiguous, and set forth the construction used to answer the Document Request. The timeframe covered by this Demand is from January 1, 2010 to the date the Complaints in the Alfa Actions were filed. 5 5 of 8

6 DOCUMENT REQUESTS Plaintiffs are hereby requested to produce the following documents: 1. All requests from or demands made by Elo to Alfa for the provision of any Plumbing Services. 2. All work orders, job sheets, job orders and other documents prepared by Alfa evidencing or setting forth any or all of the following: the date, location nature and/or extent of each of the Plumbing Services; and the individual(s), contractors, subcontractors or other entities who provided and/or supervised the provision of each of the Plumbing Services. 3. All invoices, bills and/or other documents evidencing any demand or request for payment for each of the Plumbing Services. 4. All checks, wire transfers and any other documents evidencing or setting forth any payments made on account of or received with respect to any Plumbing Services. 5. All documents evidencing or setting forth any monies owed to Alfa by Elo. 6. The books and records of Alfa. 7. All documents evidencing or setting forth any monies owed to Elo by Alfa. 8. All checks, wire transfers and other documents evidencing or setting forth any payments, credits or setoffs against or otherwise relating to any monies owed to Elo by Alfa, including, but not limited to the loan described in the captioned action. 9. All Federal, State and City tax returns of each Defendant. 10. All documents evidencing any agreement by Elo to allow Alfa to deduct from any monies owed to Elo by Alfa, on the one hand, any sums owed to Alfa by Elo, on the other hand. 11. All invoices received by Alfa from any supplier or other vendor for any materials supplied to Elo. 6 6 of 8

7 12. All agreements with any contractor, subcontractor, Master Plumber, Journeyman Plumber, or other individual or entity with concerning, regarding or relating to the provision of any Plumbing Services to Elo. 13. All notes, memorandum or other documents setting forth the sum and substance of any conversation between Elo and Alfa regarding any of the Plumbing Services; any monies allegedly owed to Alfa by Elo; and/or any monies allegedly owed to Elo by Alfa. 14. All communications and other documents regarding any of the Plumbing Services, any of the allegations set forth in each of the Complaints; any monies allegedly owed to Elo by Alfa; and any loan made by Elo to Alfa; any money owed by Alfa to Elo; any payments from Alfa to Elo on account of any monies owed to Elo by Alf. Dated: New York, New York July 13, 2018 Yours, etc., ZANE and RUDOFSKY Attorneys for Elo The Starrett Lehigh Building 601 West 26th Stre uite 5 Nevp '10001 (212) By: Er'.// ' Ery'S.foro z (ESH-1815) 7 7 of 8

8 EXHIBIT A 1. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc. vs. Jack Elo and Elo Organization, LLC, Index No /2017 (Supreme Court, County of New York). 2. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc. vs. Jack Elo and Fortune JD LLC and D. Gaver & Sons, Inc., Index No /2017 (Supreme Court, County of New York). 3. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc. vs. Jack Elo and JAEZ Realty LLC and Community National Bank, Index No /2017 (Supreme Court, County of New York). 4. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc., vs. Jack Elo, Elo Equity, LLC and /2015 (Supreme Court, County of New York). Community National Bank, Index No. 5. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc. vs. Jack Elo, JEMSCO Realty LLC and LaSalle Bank National Association, Index No /2015 (Supreme Court, County of New York). 6. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc. vs. Jack Elo, Elo Capital, LLC and New York Community Bank, Index No /2015 (Supreme Court, County of New York). 7. Alfa Mechanical & Heating LLC and Alfa Mechanical 7th Inc. vs. Jack Elo and Metropolitan 810 Avenue, LLC, Index No /2015 (Supreme Court, County of New York). 8. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc., vs. Jack Elo, 1190 AOA Member LLC, and Wells Fargo Bank, Index No /2015 (Supreme Court, County of New York). 9. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc., vs. Jack Elo and Mutual Life Insurance of New York, Index No /2015 (Supreme Court, County of New York). 10. Alfa Mechanical & Heating LLC and Alfa Mechanical Inc., vs. Jack Elo and Elo Equity, LLC, Index No /2015 (Supreme Court, County of New York). 8 8 of 8