FILED NEW YORK COUNTY CLERK 07/01/2017 1200 AM INDEX NO. 656279/2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF 07/01/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x 12 WEST 21 ST STREET ASSOCIATES LLC, -v- CLAUDIO BALLARD. Plaintiff, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x Index No. 018230/07 DEFENDANT S FIRST NOTICE OF DISCOVERY AND INSPECTION TO PLAINTIFF. PLEASE TAKE NOTICE, that pursuant to Article 31 of the New York Civil Practice Law and Rules, defendant CLAUDIO BALLARD, referred to hereafter as Ballard or Defendant, ) by and through its attorneys, LANE & SEIDMAN, LLP, hereby demand that plaintiff (referred to herein after as 12 West 21 st Street or Plaintiff ) respond to its First Notice of Discovery and Inspection and produce the requested documents for inspection and copying at the offices of counsel for defendants, Lane & Seidman LLP, 2 Park Avenue 14 th Floor, New York, New York 10016, within the minimum time period permitted by the CPLR. DEFINITIONS AND INSTRUCTIONS As used herein, the following definitions and instructions are applicable herein and incorporated within each of the following document requests 1. Document is used herein in its broadest sense and means any written, graphic or other recorded (whether visibly, electronically, magnetically or otherwise) matter of whatever kind or nature or any other means of preserving thought or expression and all tangible things from which information can be processed, transcribed or retrieved, whether originals, copies or drafts (including, without limitation, non-identical copies), however produced or reproduced. This shall include, but not be limited to, all retrievable information in computer storage, 1 of 5
FILED NEW YORK COUNTY CLERK 07/01/2017 1200 AM INDEX NO. 656279/2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF 07/01/2017 photographs, videotapes, letters, e-mail messages, telegrams, telefaxes, correspondence, contracts, agreements, teletype messages, notes, reports, mechanical and electronic sound recordings or transcripts thereof, memoranda or minutes of telephone or personal conversations or minutes of conferences. A document with handwritten, typewritten or other recorded notes, editing marks, etc., is not and shall not be deemed identical to one without such modifications, additions, or deletions. A draft or non-identical copy is a separate document within the meaning of the term. 2. Premises as used herein are the 7 th Floor at 12 West 21 st Street, New York, New York. 3. Iconic Asset Management LLC ( Iconic ) is the non-party to this legal action who was the tenant at the Premises. 4. The documents that will identify the individuals who maintained the Premises throughout the terms of the Lease and Rider, and for the period of occupancy of the of Iconic. 5. The documents produced in response to this Request shall be (1) organized and designated to correspond to the categories in the requests; or (2) produced in a form that accurately reflects how they are maintained in the ordinary course of business. 6. Where an objection is made to any request, the objection shall state with specificity all grounds therefor. Any ground not stated in an objection shall be waived. 7. These requests are continuing throughout this litigation and, if at any time subsequent to the production of the documents requested herein, any document responsive to these requests is located or comes within your custody, possession, or control, such documents must be produced in accordance with CPLR 3101(h). 2 2 of 5
FILED NEW YORK COUNTY CLERK 07/01/2017 1200 AM INDEX NO. 656279/2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF 07/01/2017 DOCUMENTS REQUESTED 1. Any and all documents in Plaintiff s possession that identify the name(s) of the individuals or entities who negotiated with Iconic. 2. Any and all documents in Plaintiff s possession, evidencing, relating, or referring to the maintenance of the Premises. 3. Any and all documents, work slips, invoices, receipts, bills of sale, estimates or contracts in Plaintiff s possession, evidencing, relating, or referring to the maintenance, upkeep or repairs to the Premises during the occupancy of the Premises. 4. Any and all documents, work slips, invoices, receipts, bills of sale, estimates or contracts in Plaintiff s possession, relating to any expenses incurred by Plaintiff after Iconic vacated the Premises. 5. Any and all documents in Plaintiff s possession, including photographs and or videotapes, evidencing, relating, or referring to the Premises after Iconic vacated the Premises. Said documents should include any reports prepared or photographs taken by any individual or entity examining the Premises. 6. Any and all pleading in any non-payment proceeding commenced by Plaintiff to evict Iconic. 7. Any and all documents sent to or received from any New York City Marshall in connection with any such eviction proceeding commenced by Plaintiff. 8. If the Premises have been leased to a new tenant after Iconic vacated the Premises, a copy of the lease with the new tenant for the premises. 3 3 of 5
FILED NEW YORK COUNTY CLERK 07/01/2017 1200 AM INDEX NO. 656279/2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF 07/01/2017 9. If the Premises have been leased to a new tenant after Iconic vacated the Premises, a copy of any brokerage agreement, and all related documents, in connection with the new tenant s lease. Dated New York, New York June 30, 2017 LANE & SEIDMAN LLP By Shephard Lane Attorneys for Defendant CLAUDIO BALLARD 2 Park Avenue 14 TH FLOOR New York, NY 10016 Tel 212-593-0600 TO ROSENBERG & ESTES P.C. EVAN D. ROSENBERG, ESQ. Attorneys for Plaintiff 733 Third Avenue New York, New York 10017 4 4 of 5
FILED NEW YORK COUNTY CLERK 07/01/2017 1200 AM INDEX NO. 656279/2016 NYSCEF DOC. NO. 14 RECEIVED NYSCEF 07/01/2017 STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) AFFIDAVIT OF SERVICE, being duly sworn, deposes and says that deponent is not a party to the action, is over l8 years of age, and resides in New York, New York. That on June 30, 2017, deponent served the within DEFENDANT S FIRST NOTICE OF DISCOVERY AND INSPECTION TO PLAINTIFF Rosenberg & Esttes P.C. Attorneys for Plaintiff 733 Third Avenue New York, New York 10017 at the above addresses designated by said attorneys for that purpose by depositing a true copy of same enclosed in a postpaid, properly addressed wrapper in an official depository under the exclusive care and custody of the United States Post Office within the State of New York. Sworn to before me, this 30 th day of June, 2017 NOTARY PUBLIC 5 of 5