PLEASE TAKE NOTICE that pursuant to CPLR 3101, 3120, et. seq., Defendant

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1 FILED: NEW YORK COUNTY CLERK 06/09/ :14 PM INDEX NO /2014 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 06/09/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ){ THREE AMIGOS SJL REST., INC, -against- Plaintiff, ALPHONSE HOTEL CORP., 250 WEST 43 OWNER LLC, 250 WEST OWNER II LLC, 250 WEST 43 OWNER III LCC, and ATHENE ANNUITY AND LIFE COMPANY, Inde){ No /2014 DEFENDANT'S THIRD DEMAND FOR DISCOVERY AND INSPECTION Defendants ){ PLEASE TAKE NOTICE that pursuant to CPLR 3101, 3120, et. seq., Defendant ALPHONSE HOTEL CORP. ("Alphonse"), by and through its attorneys, Stroock & Stroock & Lavan LLP, hereby demands that Plaintiff THREE AMIGOS SLJ REST., INC. ("Three Amigos" or "Plaintiff') produce the following documents and things for inspection and copying within thirty (30) days after the service of this Demand by delivery of same to Stroock & Stroock & Lavan, LLP 180 Maiden Lane, New York, New York or at such other place as may be agreed to by said parties. DEFINITIONS 1. "Defendant" or "Alphonse" refers to Alphonse Hotel Corp., and its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on Alphonse's behalf. 1 1 of 13

2 2. "Plaintiff' or "Three Amigos" refers to Three Amigos SJL Rest., Inc. and its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on Plaintiff's behalf. 3. "You" and "your" refers to Plaintiff. 4. "ABCZ Consulting" refers to ABCZ Consulting Corp., the corporation organized and existing under the laws ofthe State ofnew York, its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of ABCZ Consulting. ABCZ Consulting also refers to any similarly-named entity appearing on the Balance Sheets and Profit and Loss Statements of Plaintiff provided to Alphonse on May 6, "ABCZ Corp." refers to ABCZ Corp., the corporation organized and existing under the laws of the State of New York, its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of ABCZ Corp. ABCZ Corp. also refers to any similarly-named entity appearing on the Balance Sheets and Profit and Loss Statements of Plaintiff provided to Alphonse on May 6, "ABCZ II Mgmt." refers to ABCZ II Mgmt. Corp., the corporation organized and existing under the laws ofthe State ofnew York, its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of ABCZ II Mgmt. ABCZ II Mgmt. also refers to any similarly-named entity appearing on the Balance Sheets and Profit and Loss Statements of Plaintiff provided to Alphonse on May 6, "And," "or" and "and/or" should be construed both conjunctively and disjunctively in order to bring within the scope of the request as many documents as possible. 2 2 of 13

3 8. "Answer" refers to Alphonse's Verified Answer to Plaintiffs Second Amended Verified Complaint. 9. "Any" includes the word "all," and "all" includes the word "any." 10. "Cheetah Club" refers to the nightclub and restaurant owned and operated by Plaintiff on the premises located at 252 West 43rd Street, New York, New York. 11. "Communication" means any correspondence, contact, discussions, or written or oral exchange between any two or more persons, including letters, s, and memoranda. 12. "Document" is used in the broadest sense and includes, but is not limited to, the original and any non-identical copy (whether different because of notes or underlining or any other reason) of any writing and drafts thereof, whether printed or recorded or reproduced by any other mechanical or electronic process, or written or produced by hand, namely: agreements; communications; correspondence; s; telegrams; memoranda; records; books; notes; summaries ofrecords of personal conversations or interviews; diaries; daily planners; forecasts; statistical statements; accountants' work papers; graphs; charts; accounts; analyses; analytical records; minutes or records of meetings or conferences; reports and/or summaries of interviews; reports and/or summaries of investigations; opinions or reports of consultants; appraisals; records; reports or summaries of negotiations; brochures; pamphlets; circulars; trade letters; press releases; press articles; reports; contracts; breakouts; projections; working papers; securities ledgers; checks, front and back; check stubs or receipts; any other documents or writings of whatever description including but not limited to any information contained in any computer or word processing system, including electronic mail, whether or not yet printed out, or other data compilation from which information can be obtained and translated, if necessary, by you through detection devices into reasonably usable form, within your possession, custody or 3 3 of 13

4 control or the possession, custody or control of any agent, employee (including without limitation, attorneys, accountants and investment bankers or advisers), or other person acting or purporting to act on your behalf. 13. "Government Entity" means an agency, instrumentality, or other entity of the federal, state, or local government, including but not limited to: multijurisdictional agencies, instrumentalities, and entities; law enforcement agencies; and public attorneys, such as the offices of the District Attorney, United States Attorney, United States Attorney General, United States Department of Justice. 14. "Including" means "including but not limited to." 15. "Lawsuit" refers to the entirety of the above-captioned action. 16. "Mountain Partners" refers to Mountain Partners, LLC, the corporation organized and existing under the laws of the State of New York, its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of Mountain Partners. Mountain Partners also refers to any similarly-named entity appearing on the Balance Sheets and Profit and Loss Statements of Plaintiff provided to Alphonse on May 6, "Or" means "and/ or." 18. "Person" and "persons" shall be deemed to include natural person, partnership, firm, corporation, and all of their subsidiaries or divisions, and, in the case of a partnership, firm and corporation, the individual member(s) or agent(s) thereof. 19. "Plaintiffs Second Amended Verified Complaint" refers to the same-named pleading filed by Plaintiff in the above-captioned case on November 9, "Regarding" means "concerning," as defined above. 4 4 of 13

5 21. "Silas Investment" refers to Silas Investment, LLC, the corporation organized and existing under the laws of the State of Connecticut, its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of Silas Investment. Silas Investment also refers to any similarly-named entity appearing on the Balance Sheets and Profit and Loss Statements of Plaintiff provided to Alphonse on May 6, "Sunday Management" refers to Sunday Management, Inc., the corporation organized and existing under the laws ofthe State ofnew York, its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of Sunday Management. Sunday Management also refers to any similarly-named entity appearing on the Balance Sheets and Profit and Loss Statements of Plaintiff provided to Alphonse on May 6, "Sushi Fun Dining" refers to Sushi Fun Dining & Catering, Inc., the corporation organized and existing under the laws ofthe State ofnew York, its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of Sushi Fun Dining. Sushi Fun Dining also refers to any similarlynamed entity appearing on the Balance Sheets and Profit and Loss Statements of Plaintiff provided to Alphonse on May 6, "Thing" is used in the broadest sense. 25. "Times Square Group" refers to Times Square Restaurant Group, Ltd., the corporation organized and existing under the laws of the State ofnew York, its cunent and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of Times Square Group. Times Square Group also refers to 5 5 of 13

6 any similarly-named entity appearing on the Balance Sheets and Profit and Loss Statements of Plaintiff provided to Alphonse on May 6, 2016, such as "Times Sq. # 1." 26. "Times Square Restaurant" refers to Times Square Restaurant No. 1, Inc., the corporation organized and existing under the laws of the State of New York, its current and former officers, directors, employees, agents, segments or divisions, or any other person or entity acting or purporting to act on behalf of Times Square Restaurant. Times Square Restaurant also refers to any similarly-named entity appearing on the Balance Sheets and Profit and Loss Statements ofplaintiffprovided to Alphonse on May 6, The terms "concern," "concerning," "evidence," "evidencing," "referring," "refer to," "regarding," "with regard to," "relate to," or "relating," shall mean summarize, demonstrate, constitute, reflect, contain, study, analyze, consider, explain, mention, show, discuss, describe, comment upon, or result from. INSTRUCTIONS 1. All instructions set forth in Article 31 of the CPLR are incorporated herein by reference. 2. Unless otherwise specified, the time period for which the following documents are being requested is the period covered by Plaintiffs claims and three previous years. 3. The terms "all" and "each" shall be construed as all and each. 4. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of these requests all responses that might otherwise be construed to be outside of their scope. 5. The use of the singular form of any word includes the plural and vice versa. 6. The present tense includes the past and future tenses. 6 6 of 13

7 7. Any objection shall state with specificity all grounds. Any ground not stated within the time provided by the CPLR, or any extension thereof, shall be waived. 8. These requests are deemed continuing and require further and supplemental production, on a prompt basis, in the event you or any other person who participates in responding to these requests obtains or discovers additional responsive documents. 9. If a portion of a document is responsive, produce the entire document. If there are no documents responsive to any particular request or category, so state in writing. 10. Each request herein for a document or documents to be produced contemplates production of the document or documents in its entirety without abbreviation or expurgation. 11. All documents described herein which are in your possession, custody, or control shall be produced as herein directed. Any described document which is not in your immediate physical possession, but in regard to which you have a right to compel production from a third person or which is otherwise subject to your control, shall be obtained and produced as directed. 12. Plaintiff shall produce any and all drafts and copies of each document that is responsive to any request, and all copies of such documents that are not identical in any respect, including, but not limited to, copies containing handwritten notes, markings, stamps or interlineations. 13. If any documents or parts of documents called for by this document request are withheld under a claim of privilege, furnish a list identifying each document so withheld (including the type of document, the date of the document, the author(s) of the document, the addressee(s) and all recipients of the document, and the subject matter of the document), the privilege claimed, the grounds therefor, and such other information as is sufficient to identify the document for a subpoena duces tecum. If a document is in part privileged and in part not 7 7 of 13

8 privileged, supply the information required above and produce the non-privileged portion with an indication wherever privileged portions have been withheld. 14. If any documents or parts of documents called for by this document request have been lost, discarded or destroyed, furnish a list describing each such document (including the nature ofthe document, the author(s) ofthe document, the addressee(s) of the document, the date of the document and the subject matter of the document), describing the disposition of the document (including the date of disposal, manner of disposal, reasons for disposal, person(s) authorizing the disposal and person(s) disposing of the document), and identifying the persons with knowledge of the document. 15. If a document requested to be produced is known to exist and to have once been in your possession, custody or control, but is no longer so, so state and furnish a list describing each such document (including the type of document, the author(s) of the document, the addressee(s) of the document, the date of the document and the subject matter of the document) and identify the present custodians, if known. 16. If you cannot produce the requested documents, even after exercising due diligence to secure information to do so, specify the documents that you claim cannot be produced in full, and state what knowledge, information, or belief you have with respect to each unproduced document. 17. Each paragraph and subparagraph herein shall be construed independently and not with reference to any other paragraph or subparagraph for the purpose of limitation. 18. Each document or thing produced in response to any of the specifications herein is to be marked to indicate the specific number in response to which it is being submitted, or as they are kept in the usual course of business. 8 8 of 13

9 19. The selection of documents from files and other sources shall be performed in such a mmmer as to ensure that the file or other source from which a document is obtained may be identified. 20. Documents attached to other documents or materials shall not be separated unless sufficient records are kept to permit reconstruction of the grouping. DOCUMENTS TO BE PRODUCED 1. Any and all documents from to present discussing or related to any actual, proposed, or contemplated construction, work, or demolition performed or to be performed by architect Victor Schwartz at Cheetah Club. 2. Any and all documents from 2010 to present discussing or related to any actual, proposed, or contemplated construction, work, or demolition performed or to be performed by architect Michael Berzak or Berzak Associates Architects PC at Cheetah Club. 3. Any and all documents from 2010 to present discussing or related to any actual, proposed, or contemplated construction, work, or demolition performed or to be performed by architect Julio Leder-Luis or Leder-Luis Building Designs. 4. Any and all documents from 2006 to present relating to a relationship between and/or among the entity ABCZ Consulting and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among ABCZ Consulting and Plaintiff m1d/or Cheetah Club, communications between and/or among ABCZ Consulting and Plaintiff and/or Cheetah Club, financial information of ABCZ Consulting, payments issued between and/or among ABCZ Consulting and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by ABCZ Consulting and distributed or delivered to Plaintiff and/or Cheetah Club. 9 9 of 13

10 5. Any and all documents from 2006 to present relating to a relationship between and/or among the entity ABCZ Corp. and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among ABCZ Corp. and Plaintiff and/or Cheetah Club, communications between and/or among ABCZ Corp. and Plaintiff and/or Cheetah Club, financial information of ABCZ Corp., payments issued between and/or among ABCZ Corp. and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by ABCZ Corp. and distributed or delivered to Plaintiff and/or Cheetah Club. 6. Any and all documents from 2006 to present relating to a relationship between and/or among the entity ABCZ II Mgmt. and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among ABCZ II Mgmt. and Plaintiff and/or Cheetah Club, communications between and/or among ABCZ II Mgmt. and Plaintiff and/or Cheetah Club, financial information of ABCZ II Mgmt., payments issued between and/or among ABCZ II Mgmt. and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by ABCZ II Mgmt. and distributed or delivered to Plaintiff and/or Cheetah Club. 7. Any and all documents from 2006 to present relating to a relationship between and/or among the entity Mountain Partners and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among Mountain Partners and Plaintiff and/or Cheetah Club, communications between and/or among Mountain Partners and Plaintiff and/or Cheetah Club, financial information of Mountain Partners, payments issued between and/or among Mountain Partners and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by Mountain Partners and distributed or delivered to Plaintiff and/or Cheetah Club of 13

11 8. Any and all documents from 2006 to present relating to a relationship between and/or among the entity Silas Investment and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among Silas Investment and Plaintiff and/or Cheetah Club, communications between and/or among Silas Investment and Plaintiff and/or Cheetah Club, financial information of Silas Investment, payments issued between and/or among Silas Inevestment and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by Silas Investment and distributed or delivered to Plaintiff and/or Cheetah Club. 9. Any and all documents from 2006 to present relating to a relationship between and/or among the entity Sunday Management and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among Sunday Management and Plaintiff and/or Cheetah Club, communications between and/or among Sunday Management and Plaintiff and/or Cheetah Club, financial information of Sunday Management, payments issued between and/or among Sunday Management and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by Sunday Management and distributed or delivered to Plaintiff and/or Cheetah Club. 10. Any and all documents from 2006 to present relating to a relationship between and/or among the entity Sushi Fun Dining and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among Sushi Fun Dining and Plaintiff and/or Cheetah Club, communications between and/or among Sushi Fun Dining and Plaintiff and/or Cheetah Club, financial information of Sushi Fun Dining, payments issued between and/or among Sushi Fun Dining and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by Sushi Fun Dining and distributed or delivered to Plaintiff and/or Cheetah Club of 13

12 11. Any and all documents from 2006 to present relating to a relationship between Times Square Group and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among Times Square Group and Plaintiff and/or Cheetah Club, communications between and/or among Times Square Group and Plaintiff and/or Cheetah Club, financial information of Times Square Group, payments issued between and/or among Times Square Group and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by Times Square Restaurant and distributed or delivered to Plaintiff and/or Cheetah Club. 12. Any and all documents from 2006 to present relating to a relationship between Times Square Restaurant and Plaintiff and/or Cheetah Club, including but not limited to contracts and/or agreements between and/or among Times Square Restaurant and Plaintiff and/or Cheetah Club, communications between and/or among Times Square Restaurant and Plaintiff and/or Cheetah Club, financial information of Times Square Restaurant, payments issued between and/or among Times Square Restaurant and Plaintiff and/or Cheetah Club, and documents produced, written, and/or created by Times Square Restaurant and distributed or delivered to Plaintiff and/or Cheetah Club. 13. Any and all documents produced or in the process of being produced by Plaintiff and/or Cheetah Club to any Government Entity in connection with any civil and/or criminal litigation and/or indictment of Sam Zherka and/or Plaintiff and/or Cheetah Club, including but not limited to financial records produced in connection with any bail application of S)Wl Zherka. Dated: June 9, 2016 New York, New York,/ I / I S~ROOCK & ST~OqK & LAVAN LLJ;>. :. ~: l' ~. At(orneys }or DefeJtdant Alplionse fjotelcjorp...,,.\. A u. B;\~kFmith. "tv J_.., Deana' S\Stein \ 12 ' 12 of 13

13 180 Maiden Lane New York, NY (212) TO: REX WHITEHORN & ASSOCIATES P.C. Attorneys for Plaintiff 11 Grace A venue, Suite 411 Great Neck, New York (516) Attn: Rex Whitehorn of 13