FILED: RICHMOND COUNTY CLERK 03/03/2016 01:03 PM INDEX NO. 151183/2015 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/03/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND POLINA DORTS f/k/a POLINA KLIMENYUK and All POINTS MEDICAL SUPPLY, INC. vs. Plaintiffs, Defendants. MICHAEL BEREZOVSKY, ELENA RYNSKY (as a stakeholder and necessary party and FAZIO, RYNSKY & ASSOCIATES, L.L.P. (as a stakeholder and necessary party. Index No. 151183/2015 PLAINTIFF S FIRST SET OF INTERROGATORIES TO RYNSKY DEFENDANTS The Plaintiff, POLINA DORTS f/k/a POLINA KLIMENYUK and ALL POINTS MEDICAL SUPPLY, INC., requests that the Defendants, ELENA RYNSKY and FAZIO, RYNSKY & ASSOCIATES, L.L.P. ( Defendants, answer, under oath, within 20 days in accordance with Article 31 of the C.P.L.R., the following interrogatories: 1. Set forth the name, address and telephone number of any and all persons having relevant knowledge of any facts relating to this case, and state in detail the knowledge possessed by each such person. 2. Set forth the names and addresses of any and all proposed expert witnesses whom the Defendants may call at time of trial and, as to each, provide: a field of expertise; b detailed qualifications; c subject matter on which expert is expected to testify; d substance of facts and opinions to which expert is expected to testify; e summary of grounds for each expert opinion; f true and exact copy of entire written report rendered by each such expert, and drafts thereof; g complete substance of any oral report rendered; h attach hereto a true, accurate and legible copy of each such expert s curriculum vitae. 1
3. Identify all persons whom Defendants expect to call as a witness at the time of trial and the substance of each such person s knowledge. 4. If it is claimed that Plaintiff made any admissions or declarations as to the subject matter of this suit, state: a the date made; b name, address and relationship of person to whom made; c where made; d name, address and relationship of each person present at the time such admission was made; e contents of any such admission; and f if in writing, attach a true copy hereto. 5. If Defendants have obtained any statement made to it by Plaintiff regarding any allegations set forth in the Complaint, set forth: a name and address of person giving the statement; b whether oral or written; c date of such statement and place such statement was made; d name and address of any witness to such statement; e if oral, the nature of such statement; f if written, attach a true copy hereto; and g state if any documents or writings were made contemporaneously with such statement and which memorialized such statement and, if so, attach true copies hereto. 6. State the full name, address and title of the person answering these interrogatories, and the date on which they were answered. 7. Identify each and every person having any knowledge of the allegations made in the Defendants Affirmative Defenses, include for each such person, their name, address, telephone number and any other contact information. 2
8. Set forth any and all communications between Defendants and any third party concerning this action or the subject matter thereof (including, consistent with the definitions above: (i the substance of each communication;(ii the date and time when each communication took place;(iii the location each oral communication to place, as well as the medium by which each communication was made (e.g. telephone, written correspondence, electronic mail, etc. ;(iv all persons who participated in each communication;(v all persons with knowledge of any facts that refer or relate in any way to each communication (including any other person present for each communication and, for each such person, described the nature and extent of his or her knowledge; and (vi all documents (including, but not limited to, telephone bills or emails concerning, in any way, each communication (and attached hereto true copies of each. 9. Set forth any and all communications between Defendants and defendant Michael Berezovsky concerning this action or the subject matter thereof (including, consistent with the definitions above: (i the substance of each communication;(ii the date and time when each communication took place;(iii the location each oral communication to place, as well as the medium by which each communication was made (e.g. telephone, written correspondence, electronic mail, etc. ;(iv all persons who participated in each communication;(v all persons with knowledge of any facts that refer or relate in any way to each communication (including any other person present for each communication and, for each such person, described the nature and extent of his or her knowledge; and (vi all documents (including, but not limited to, telephone bills or emails concerning, in any way, each communication (and attached hereto true copies of each. 3
10. Set forth with specificity all facts which support Defendants allegations contained in paragraph 69 of Defendants First Affirmative Defense. Attach copies of all documents Defendants intends to introduce at trial to prove these allegations. Please note that Plaintiff 11. Set forth with specificity all facts which support Defendants allegations contained in paragraph 70 of Defendants Second Affirmative Defense. Attach copies of all documents 12. Set forth with specificity all facts which support Defendants allegations contained in paragraph 71 of Defendants Third Affirmative Defense. Attach copies of all documents 13. Set forth with specificity all facts which support Defendants allegations contained in paragraph 72 of Defendants Fourth Affirmative Defense. Attach copies of all documents 4
14. Set forth with specificity all facts which support Defendants allegations contained in paragraph 73 of Defendants Fifth Affirmative Defense. Attach copies of all documents 15. Set forth with specificity all facts which support Defendants allegations contained in paragraph 74 of Defendants Sixth Affirmative Defense. Attach copies of all documents 16. Set forth with specificity all facts which support Defendants allegations contained in paragraph 75 of Defendants Seventh Affirmative Defense. Attach copies of all documents 5
17. Set forth with specificity all facts which support Defendants allegations contained in paragraph 76 of Defendants Eighth Affirmative Defense. Attach copies of all documents 18. Set forth with specificity all facts which support Defendants allegations contained in paragraph 77 of Defendants Ninth Affirmative Defense. Attach copies of all documents 19. Set forth with specificity all facts which support Defendants allegations contained in paragraph 78 of Defendants Tenth Affirmative Defense. Attach copies of all documents 6
20. Please provide an accounting of all funds paid to and/or collected on behalf of All Points from the inception of the representation of All Points until present. 21. Please provide an accounting of all legal fees paid to Defendants for legal services performed on behalf of All Points. 22. Please provide a detailed status report of all matters presently being handled by Defendants on behalf of All Points and/or Michael Berezovsky. 23. In a correspondence to Michael Heitmann dated November 3, 2015, Defendant Elena Rynsky stated that Ms. Dorts is currently under police investigation for breaking and entering Please provide the factual basis for that statement, detailing exactly how Defendant Elena Rynsky obtained this information and attaching hereto any written material to support that statement. 7
24. In a correspondence to Michael Heitmann dated November 3, 2015, Defendant Elena Rynsky stated that based on the documents provided by Mr. Berezovsky and enclosed herein it appears that I have no obligation to respond to Ms. Dort s request [to provide a full accounting of funds and a full status report of litigation]. Please provide the factual basis for that statement, detailing exactly why the documents provided by Mr. Berezovsky relinquish Defendants from an obligations to Ms. Dorts. 25. In a correspondence to Michael Heitmann dated November 12, 2015, Defendant Elena Rynsky stated I will advised Polina and Michael of the amounts held in escrow and the patients for which the payments have been made and promising to include Michael Heitmann as Polina Dorts s attorney in this correspondence. Please provide the reason why this was not done. 26. Has the Defendant, Michael Berezovsky ever directed you to not respond to inquiries regarding any All Points matters? If so, please state; a The date of such direction b The substance of such direction c If directed in writing, please attach a copy of such writing to your answers to these interrogatories 8
PLEASE TAKE NOTICE that answers to these interrogatories along with any or all documents demanded pursuant thereto, must be served upon the undersigned within twenty (20 days from the date hereof to Article 31 of the C.P.L.R. Dated: March 3, 2016 /s/mh MICHAEL HEITMANN Attorney for Plaintiff 1946 Victory Boulevard Staten Island, NY 10314 (718 816-0044 To: Elena Rynsky, Esq. Fazio, Rynsky & Associates, LLP. 175 Eileen Way Syosset, New York 11791 9