FILED: NEW YORK COUNTY CLERK 04/20/2016 05:44 PM INDEX NO. 603770/2007 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 04/20/2016 EXHIBIT D
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK... X HELLENIC AMERICAN EDUCATIONAL FOUNDATION, Plaintiff, Index No. 603770107 Hon. B. Kapnick THE TRUSTEES OF ATHENS COLLEGE IN GREECE, NICHOLAS G. BACOPOULOS, PETER CANELLOS, ROBERT MCCABE, ALEXANDROS MICHAS, PETROS SABATACAKIS, NICHOLAS SAKELLARIADIS, SALAPATAS VASILIOS and PETER ZARCADES, PLAINTIFFS' RESPONSES TO DEFENDANTS1 COUNTERCLAIMANTS' FIRST SET OF INTERROGATORIES Defendants.... X THE TRUSTEES OF ATHENS COLLEGE IN GREECE, Counterclaimants, -against- HELLENIC AMERICAN EDUCATIONAL FOUNDATION and THE BOARD OF DIRECTORS OF HELLENIC AMERICAN EDUCATIONAL FObJDATION, Counterclaim-Defendants.... X Plaintiff/Counterclaim-Defendant Hellenic American Educational Foundation (the "HAEF") and Counterclaim-Defendant the Board of Directors of Hellenic American Educational Foundation (the "Board), (collectively, "Plaintiffs"), by their undersigned attorneys, Reed Smith LLP, hereby respond to Defendants' Demand for First Set of Interrogatories with the following answers and objections: GENERAL OBJECTIONS 1. Plaintiffs object to Defendants' "Definitions" and "Interrogatories" to the extent that they are broader than or otherwise inconsistent with CPLR $5 3 130 and 3 13 1 2. Plaintiffs object to Defendants' Interrogatories to the extent that they are overbroad and unduly burdensome.
producing and making such information available is no greater for Defendants than it is for Plaintiffs. 9. Plaintiffs object to the interrogatories to the extent that any of them contains any characterization of any fact or issue whatsoever. ANSWERS AND SPECIFIC OBJECTIONS Plaintiffs incorporate herein by reference their General Objections in response to each of Defendants' Interrogatories set forth below. Plaintiffs make the following Answers and Specific Objections while reserving the right to make additional objections as may be deemed appropriate during the course of these proceedings. RESPONSES INTERROGATORY NO. 1: Identify each person who provided information or participated in preparing answers to these Interrogatories. RESPONSE TO INTERROGATORY NO. 1 : Subject to the General Theodore Choidas; Alexandros C. Samaras. INTERROGATORY NO. 2: Identify all persons who are known or believed by you to have knowledge of the facts underlying any claim or defense in this action, specifying as to each such person the nature and extent of the personal knowledge that you know or believe they have concerning such facts. RESPONSE TO INTERROGATORY NO. 2: Subject to the General
Theodore Choidas, Alexandros C. Samaras, Alkistis Tricha-Athanassouli, Nicolas Bornozis, and Haralambos Vellis have information regarding the issues in dispute in this litigation. INTERROGATORY NO. 3: Identify each member of the Board of Directors of the HAEF, specifying as to each such member his or her qualifications for the position. RESPONSE TO INTERROGATORY NO. 3: In addition to the General Objections, Plaintiffs object to the extent that Interrogatory No. 3 asks for "qualifications" as irrelevant, vague and argumentative and will not respond to that portion of the interrogatory. Subject to these objections and the General See Chart annexed hereto as Exhibit "A". INTERROGATORY NO. 4: Identify each board of directors or trustees, committees or councils on which you serve or have served, and describe in detail any disclosures you made to each such board, committee or council concerning this action. RESPONSE TO INTERROGATORY NO. 4: In addition to the General Objections, Plaintiffs object to Interrogatory No. 4 upon the grounds that it is vague, overbroad and seeks information not relevant to the claims and issues in this litigation. Plaintiffs will not respond to this Interrogatory in its present form. INTERROGATORY NO. 5: Describe in detail all items of value ("items of value" is defined in the within Interrogatories to include all cash compensation and non-cash compensation, distribution of funds, or any other distributions of assets or services or benefit of any kind, including, but not limited to expense reimbursements, meal allowances, car allowances, travel allowances, and tuition subsidies or reimbursement) that you or your immediate or extended family has received, directly or indirectly, in connection with your service as a director of the HAEF, and include in your description the date of receipt, the item of value's dollar amount (or, if a non-cash item, its approximate cash value), the identity of the -4-
Plaintiffs will review their records and produce documents responsive to this Interrogatory. INTERROGATORY NO. 67: State the name, occupation, business address and telephone number, and residence address and telephone number of each witness you expect to call or rely upon at the trial of this action, together with a summary of the matters to be testified about within the knowledge of each such witness. RESPONSE TO INTERROGATORY NO. 67: In addition to the General Objections, Plaintiffs object to Interrogatory No. 67 upon the grounds that it is premature. Plaintiffs cannot respond to this Interrogatory until after discovery it taken. Plaintiffs reserve their right to supplement the response to this Interrogatory. Subject to theses objections and the General Objections, Plaintiffs responds as follows: Theodore Choidas, Alexandros C. Sarnaras, Alkistis Tricha-Athanassouli, Nicolas Bornozis, and Haralambos Vellis. INTERROGATORY NO. 68: State the name, occupation, business address and telephone number, and residence address and telephone number of each expert witness you expect to call or rely upon at the trial of this action, together with a summary of the matters to be testified about within the knowledge of each such expert witness. RESPONSE TO INTERROGATORY NO. 68: Subject to and without waiving the foregoing objections and the General Plaintiffs have not yet retained an expert witness, but reserve their right to do so and will then supplement this response. INTERROGATORY NO. 69: Identify all documents which you intend to introduce into evidence or mark as an exhibit at the trial in this action.
RESPONSE TO INTERROGATORY NO. 69: Subject to and without waiving the foregoing objections and the General Plaintiffs have not yet determined which documents they will use at trial, but reserve their right to supplement this response at a later date. INTERROGATORY NO. 70: Describe in detail any investigations or inquiries conducted by you or on your behalf relating to any alleged or suspected wrongdoing, including but not limited to violations of your internal policies and procedures, fraud, defalcation, or misuse of funds, by you or any of your members. RESPONSE TO INTERROGATORY NO. 70: In addition to the General Objections, Plaintiffs object to Interrogatory No. 70 upon the grounds that it is vague, overbroad and seeks information not relevant to the claims and issues in this litigation. Subject to and without waiving the foregoing objections and the General None. Dated: New York, New York July 7,2009 REED SMITH LLP By: Lh k Gil Feder 599 Lexington Avenue New York, New York 10022 (212) 521-5400 Attorneys for The Hellenic American Educational Foundation and the Board of Directors of Hellenic American Foundation
TO: SHEARMAN & STERLING, LLP Alan S. Goudiss, Esq. John C. Scalzo, Esq. 599 Lexington Avenue New York, New York 10022