SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------------X JOHN WOODWAR, KRISTINE WOODWARD Index No. 655709/2016 and G.O.L.A. d/b/a WOODWARD GALLERY -against- Plaintiffs, NOTICE FOR DISCOVERY AND INSPECTION NIRA LEVINE and NLR UNLIMITED, INC., Defendants. ----------------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that the undersigned attorneys for Defendants, NIRA LEVINE and NLR UNLIMITED, INC., by their attorneys, Nicholas Goodman & Associates, PLLC, demand that Plaintiffs provide the following for discovery and inspection: A. Definitions Except as otherwise expressly indicated: I. GENERAL INSTRUCTIONS 1. Complaint means the Complaint served in this action. 2. Concerning means relating to, referring to, describing, evidencing or constituting. 3. The term relating to means constituting, concerning, mentioning, discussing, referring to, involving, pertaining to, connected with, relying upon, or in any way relevant to the indicated item, person or event. 4. Person means any natural person or any business, legal or governmental entity or association. 5. Reference to any entity includes each of its officials, officers, directors, employees, agents, attorneys, or other persons acting or purporting to act on behalf of the foregoing, whether currently or formerly employed or retained in these capacities. [Remainder of page intentionally left blank] 1 of 6
6. The word document means any handwritten, printed, computer-produced, typed, photographed, phone or tape recorded graphic matter, however otherwise produced or reproduced, and includes, without limitation, all communications, reports, correspondence, telegrams, memoranda, summaries of records, personal conversations or interviews, diaries, records, accounts, telex files, teletyped files, facsimile files, contracts, notes, marginal notations, photographs, ledgers or other records of original entry, bank statements, checks (back and forth), drafts of any of the foregoing, bank deposit slips, newspaper reports and all other recordings or writings of whatever nature and description. Document shall include originals (or copies if originals are not available) and nonidentical copies (whether different from the original because of handwritten notes or underlining or otherwise) and any translations of any document. 7. If any document, or any portion of any document, is withheld under claim of attorneyclient privilege or upon any other ground, the respondent withholding the document shall furnish a list, signed by the person supervising the response to this request, identifying each document withheld and stating with respect to each: a. the date and number of pages of the document and the identities of its author, addressee, and each person to whom copies were sent or were to be sent; b. the subject matter of the document; c. the identity of each person to whom the document, its contents, or any portion thereof is known or has been disclosed; d. if the document is withheld on the grounds of attorney-client privilege; (i) each basis for such claim of privilege, and (ii) the identity of each person who was privy to any assertedly privileged communication reflected in the document; and e. If the document is withheld on any ground other than attorney-client privilege, each basis which respondent contends justifies its withholding the document. 8. To the extent that Plaintiffs decline to produce requested documents based on a contention that such production would be "burdensome," specify in each case the actions necessary to provide such production, the quantitative measure of such burden, the description, location, custodian and indexing system of each file containing an item requested in sufficient detail to enable a search of such files by the Defendants. [Remainder of page intentionally left blank] 2 2 of 6
II. REQUESTS FOR PRODUCTION 1. Any and all information and documents in the possession, custody or control of WOODWARD GALLERY, concerning the acquisition and/or sale of the following works: a) Warhol Space Ship b) Warhol Carpet c) Warhol Electric Chair, 1978 unique d) Warhol Rats & Stars, 1983 e) Warhol Eva Mudocci f) Warhol Diana Vreeland g) Warhol Love h) Warhol Wild Raspberries i) Calder Le Memare Elementaire j) Warhol One Cent Life portfolio k) Warhol Stamped indelibly portfolio l) Warhol Meyer Shapiro, 1974 m) Warhol Marilyn (blue face) n) Warhol Two Girls o) Warhol Paris Review p) Warhol Electric Chair 1971 q) Warhol Mildred Scheel r) Warhol Kimiko s) Wesselmann Lulu t) Wesselmann Cynthia in the Bedroom u) Warhol Marilyn #22 v) Warhol Ingrid w) Richard Hambleton Rodeo x) Richard Hambleton Rodeo y) Richard Hambleton Rodeo z) Basquiat Leg aa) Beuys Spur bb) Elsworth Kelly Yellow 21/48 cc) Calder Butterflies and Spirals dd) Calder Stabiles ee) Calder Composition with Helices ff) Calder Environment and Evolution gg) Rosenquist Spinning faces hh) Rosenquist Light that Won t Fail ii) Rosenquist Communication Center jj) Warhol Lincoln Center Ticket kk) Haring Media Head (subway painting) ll) Ruscha Anchor in the Sand mm) Warhol Yellow Truck nn) Warhol Tacoma Flower oo) Warhol Butterfly 3 3 of 6
pp) Picasso Green Haired Woman qq) Sam Francis Untitled w/c rr) Hambleton: 8 paintings ss) Hambleton : Untitled tt) Warhol Kyoto, Japan uu) Warhol Shopping Bag vv) Warhol Red Tomato ww) Warhol Liz xx) Warhol Central Park yy) Warhol In the Days of the Bronx zz) Basquiat Untitled (Church) aaa) Various artists 21 Etchings bbb) Calder Escargot ccc) Calder Jeune Fille et Sa Suite ddd) Calder La Pierre et Les Spirals eee) Lichtenstein Wall Paper fff) Warhol Billy Holiday ggg) Warhol Gallery Invitation with Gold Shoe Image hhh) Kiku #307 iii) Kiku #309 jjj) Warhol Space Fruit 90 prints kkk) Judd wall sculpture lll) Sam Francis (oil) mmm) Cornell box nnn) Warhol Chicken Noodle Soup print ooo) 2 Matisse drawings ppp) Warhol Woman playing Harp qqq) Warhol 5inch flower (June, 2005) rrr) Warhol Life Savers canvas 2. Any and all information and documents including email correspondence, between WOODWARD GALLERY, themselves and/or between Plaintiffs and third-parties concerning Defendants and/or the works described in Request 1 a) rrr) above. 3. Any and all information and documents, including email correspondence, between WOODWARD GALLERY, and Artnet News concerning Defendants and/or the works described in Request 1 a) rrr) above. 4. Any and all information and documents, including email correspondence, between WOODWARD GALLERY, and the New York Post concerning Defendants and/or the works described in Request 1 a) rrr) above. 4 4 of 6
5. Any and all information and documents, including email correspondence, between WOODWARD GALLERY, and Widewalls concerning Defendants and/or the works described in Request 1 a) rrr) above. 6. Any and all information and documents concerning the allegations contained in Paragraph 9 of the Complaint. 7. Any and all information and documents concerning the allegations contained in Paragraph 10 of the Complaint. 8. Any and all information and documents concerning the allegations contained in Paragraph 11 of the Complaint. 9. Any and all information and documents concerning the allegations contained in Paragraph 12 of the Complaint. 10. Any and all information and documents concerning the allegations contained in Paragraph 13 of the Complaint, in particular the allegation that Defendant, Nira Levine, made the statements referenced in Paragraphs 10 through 12 of the Complaint. 11. Any and all information and documents concerning Plaintiffs alleged damages. 12. Any and all correspondence, including emails, between the parties to this action. 13. All non-privileged portions of the legal file, including but not limited to pleadings, discovery responses, document production and transcripts, in the matter Hillel Philip and Jim Kempner Fine Art, Inc. v. G.O.L.A. Inc. d/b/a Woodward Gallery, John Woodward and Kristine Woodward, Supreme Court, New York County Index No.: 650905/2016. [Remainder of page intentionally left blank] 5 5 of 6
PLEASE TAKE FURTHER NOTICE, that these demands are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to these demands, if not so produced, objections to the admissibility of all such information will be made at trial. Dated: New York, New York March 2, 2017 Yours, etc., NICHOLAS GOODMAN & ASSOCIATES, PLLC BY: Carter A. Reich Attorneys for Defendants NIRA LEVINE and NLR UNLIMITED INC. 30 W. 22 nd Street, Suite 2E New York, New York 10010 (212) 227-9003 To: Michael J. Roberts Roberts & Roberts, Esqs. Attorneys for Plaintiffs 401 Broadway New York, New York 10013 (212) 226-4925 6 6 of 6