FILED: NEW YORK COUNTY CLERK 02/13/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 02/13/2019

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

THERESA

MADDICKS,

et _al.,

Index

No.

656345/2016

(NYSCEF

Case)

Plaintiffs,

PLAINTIFFS'

FIRST

NOTICE

OF

- _against -

DISCOVERY

AND

INSPECTION

BIG

CITY

REALTY

MANAGEMENT,

LLC.,

et _al.,

Defendants.

SIR/MADAM:

PLEASE

TAKE

NOTICE

_that,

pursuant

_to,

among

other _things, Article 31

of

the

CPLR,

plaintiffs

THERESA

MADDICKS,

JOHN

AMBROSIO,

PAUL

WILDER,

SAMUEL

WILDER,

ALYSSA

O'CONNELL,

JOHANNA

S.

KARLIN,

BRIAN

WAGNER,

TYLER

STRICKLAND,

DANIEL

ROBLES,

ELENA

RICARDO,

LIAM

CUDMORE,

JENNIFER

MAK,

JOSHUA

BERG,

ANISH

JAIN,

JOHN

CURTIN,

JONATHAN

FIEWEGER,

MARIA

FUNCHEON,

JORDANI

SANCHEZ,

MELISSA

MICKENS,

M.D.

IVEY,

DEVIN

ELTING,

SEMI

PAK,

KAITLIN

CAMPBELL,

SARA

NORRIS,

MIKIALA

JAMISON,

SHERESA

JENKINS-RISTEKI,

YANIRA

GOMEZ,

and

KRISTEN

PIRO

(together, "Plaintiffs")

hereby

request

and

demand

that

Defendant

106-108

Convent

BCR

LLC

produce,

for inspection

and

copying,

the

documents

and

things listed

below,

at the offices

of

Plaintiffs' _attorneys,

Newman

Ferrara

LLP,

1250

Broadway,

27th

_Floor,

New

York,

New

York

10001

on

September

_7,

2018

at

10:00

a.m.

DEFINITIONS

AND

INSTRUCTIONS

1.

The

following

_terms,

whether

plural

or

_singular, shall

have

the

meanings

set forth

a. "Plaintiffs" shall

mean,

each

and

every

time

used

herein

Theresa

Maddicks,

John

Ambrosio,

Paul

Wilder,

Samuel

Wilder,

Alyssa

O'Connell,

Johanna

S. _Karlin,

Brian

Wagner,

Tyler _Strickland, Daniel _Robles,

Elena

_Ricardo,

Liam

Cudmore,

Jennifer

Mak,

Joshua

_Berg,

Anish

_Jain,

John

_Curtin,

Jonathan

Fieweger,

Maria

Funcheon,

Jordani

Sanchez,

Melissa

Mickens,

M.D.

_Ivey,

Devin

Elting,

Semi

Pak, Kaitlin

Campbell,

Sara

Norris,

Mikiala

Jamison,

Sheresa

Jenkins-Risteki,

Yanira

Gomez,

and

Kristen Piro.

b.

"106-108

Convent

BCR"

shall

mean,

each

and

every

time

used

_herein,

defendant

106-108

Convent

BCR

LLC

its agents,

employees,

representatives,

partners, affiliates, attorneys, accountants, predecessors, successors, subsidiaries,

and

all other

persons

or entities _acting

on

its

behalf

or

under

its control.

c.

"106

Convent"

and/or

"Building"

shall

mean,

each

and

every

time

used

herein, the entire building located at

106

Convent

Avenue,

New

York,

New

York,

bearing Building, Block,

and

Lot

("BBL")

number

1-1970-58.

d.

"Apartment"

shall

mean,

each

and

every

time

used

_herein,

a

unit within

the

Building

designated for residential _living purposes.

e.

"Apartments"

shall

mean,

each

and

every

time

used

_herein, all units within

the

Building

designated for residential _living purposes.

f.

"DHCR"

shall

mean,

each

and

every

time

used

_herein, the

New

York

State

Division

of

Housing

and

Community

Renewal

n/k/a

Homes

and

Commumty

Renewal.

g.

"IAI"

shall

mean,

each

and

every

time

used

_herein, a substantial increase

equipment

provided

in the

housing

accommodations,

or

improvements

installed in

the

housing

accommodation,

used

to _justify

a

rent increase

under

_{§ 2522.4(a)(1)}

of

the

Rent

Stabilization Code..

h. "Notices

of

Deregulation"

shall

mean,

each

and

every

time

used

_herein,

the written notice required

by

RSC

_{§ 2520.11(u).}

i.

"MCI"

shall

mean,

each

and

every

time

used

_herein, a

major

capital

improvement

submitted _to, and/or

approved

by

DHCR,

pursuant to

§2522.4

of

the

Rent

Stabilization

Code.

j.

"Document"

shall

mean,

each

and

every

time

used

_herein,

documents

or

electronically stored information ("ESI") stored in

any

medium

from

which

information

can

be

obtained either _{directly, or,} if _necessary, after translation

by

the

responding

_party into a

reasonably

usable _{form, including,}

but

not

limited _to,

writings, drawings, graphs, charts, photographs,

sound

recordings, images,

correspondence, interoffice

and

intra-office

communications,

memoranda,

contracts, agreements,

memorandums

of

understanding, opinions, reports,

evaluations,

recommendations,

reviews, analyses, minutes, or

minutes

of

meetings

or conversations or

communications

of

any

type

or description

(including,

without

limitation,

telephone

conversations, personal conversations or

interviews, meetings, conferences, negotiations,

and

investigations), facsimiles,

electronic _mail, instant

messages,

_calendars,

appointment

_books,

manuals,

financial _{statements, invoices, receipts,}

work

_{sheets, bills, preliminary} drafts

and

working

papers, films, tapes, data

and

information

on

computer-stored or

computer-readable

media,

whether

_{tape, disk, diskette,}

RAM,

or other

medium

of

storage, including, but not limited to,

computer

files

and

electronic mail,

and

all

other _{writings, recordings,}

and

data compilations

of

every

_description,

however

denominated,

translate, or described

from

with

information

can

be

obtained or

translated, if necessary, into reasonably usable form.

For

the

purpose

of

this

definition,

"copy"

means

all versions

of

a document

not in

every

respect identical

to the

document

being

produced.

k.

"And"

as well as "or" shall

be

construed either in the disjunctive or

conjunctive as _necessary to _bring within the

scope

hereof

any

information (as

defined _herein)

which

might

otherwise

be

construed to

be

outside the

scope

of

this

discovery request.

1.

"Any"

shall

be

understood

to include

and

encompass

"all"

and

vice versa.

m.

"Communication"

shall

mean,

each

and

every

time

used

_{herein, letters,}

transcriptions, facsimiles, correspondence, interviews, meetings, telephone calls,

telephone _records, tape _recordings, electronic _mail, instant

messages,

text

messages,

or

any

other

medium

by

which

a

record is

made

_concerning

information transferred

from

one

person

to another.

n.

"Related

to," _"relating to,"

and

"relate to" shall include _{pertaining to,}

referring to, relevant to, supporting, contradicting, mentioning, evidencing,

discussing, concerning, evidencing, constituting or otherwise involving,

whether

directly or indirectly, the subject matter

of

the specified request.

0.

"Concerning"

shall include _relating to

and

all

of

the definitions

of

"relating

to"

as set forth in

subparagraph

"n"

above.

q.

The

term

"person"

means

any

natural

person

or

any

_business, legal or

governmental

_entity or association.

r.

The

use

of

the singular

form

of

any

word

includes the plural

and

vice-versa.

2.

This

document

_request, in

accordance

with

CPLR

3101(h)

is

of

a _continuing nature. _Therefore, in the event that

you

acquire _{possession, custody,} or control

of

any

additional

documents

responsive to the

demands

_herein, after the service

of

your

initial responses _hereto,

you

shall

promptly

furnish

such

additional responses to Plaintiffs'

undersigned

attorneys.

3. All

documents

are to

be

produced

in their full

and

unexpurgated

form.

4. All

documents,

in

accordance

with

CPLR

_3122(c), are to

be

_(i)

produced

as

they

are

kept

in the regular course

of

_{business; (ii)}

organized

and

labeled to

correspond

to the

categories in this request. In

making

documents

_available,

documents

shall

be

made

available in

the order in

which

_they are maintained. All

documents

produced

as

hard

copies that are

physically attached to

each

other in files shall

be

made

available in that form.

Documents

produced

as

hard

copies that are segregated or separated

from

other

documents,

whether

by

inclusion in _{binders, files, sub-files,} or

by

use

of

_{dividers, tabs,} or

any

other

method,

shall

be

made

available in that form.

5. If

any

document

is to

be

withheld

on

the basis

of

any

claim

of

_privilege,

provide

the information required

by

CPLR

3122(b).

6. If

any

document

to

be

made

available is

known

to

have

existed

and

cannot

now

be

located, or

has

been

destroyed or discarded,

provide

the following information as to

each

document:

(a)

a

statement describing the

document,

including a

summary

of

its _contents;

(b) the last

known

custodian;

(c)

whether

the

document

is

missing

or lost,

or

was

destroyed or discarded;

(d) the date

of

loss, destruction, or discard;

(e) the

manner

of

and

reason

for destruction or discard;

(f) the

persons

authorizing or carrying

out

such

destruction or discard;

(g) the efforts

made

to locate lost or

misplaced

documents.

7. If

you

object to

any

request set forth

below

or

any

part _therefor,

and

refuse to

respond

to that request or that _{part, identify} the request or part to

which

you

are _objecting, state

with

reasonable _{particularity,} in

accordance

with

CPLR

_3122(a), all

grounds

for

your

_objections,

and

respond

to

any

portion

of

the request to

which

you

are not objecting.

8. If there are

no

Documents

responsive to

any

demand

_therefor, the _responding

party shall so state.

9.

Unless

a different period is _specifically set forth in a

demand

_herein, the period

of

time

covered

by

this denisiid shall

be

deemed

to

be

January

_1,

2005

through

and

_including the

date

of

this

demand/notice

(the

"Relevant

Period").

DOCUMENT

REQUEST

PLEASE

TAKE

FURTHER

NOTICE

that

Defendant

is required to

produce

the

below-listed

documents

in its _possession,

custody

and/or _control, unless

provided

otherwise.

1.

Any

and

all

documents

and

communications

between

any

Plaintiff

and

106-108

Convent

BCR.

2.

Any

and

all

documents

and

communications

concerning

any

IAIs

performed

in

Apartment

17

at

106

Convent

_(including,

without

_{limitation, applications, statements, reports,}

estimates, bids, contracts, agreements, plans, drawings,

change

orders,

payment

receipts and/or

(b) the last

known

custodian;

(c)

whether

the

document

is

missing

or lost, or

was

destroyed

or

discarded;

(d) the date

of

loss, destruction, or discard;

(e) the

manner

of

and

reason

for destruction or discard;

(f) the persons authorizing or carrying out

such

destruction

or

discard;

(g) the efforts

made

to locate lost or

misplaced

documents.

7. If

you

object to

any

request set forth

below

or

any

part _therefor,

and

refuse to

respond

to that request or that _{part, identify} the request or part to

which

you

are _objecting, state

with

reasonable _{particularity,} in

accordance

with

CPLR

_3122(a), all

grounds

for

your

_objections,

and

respond

to

any

portion

of

the request to

which

you

are

not

objecting.

8. If there are

no

Documents

responsive to

any

demand

_therefor, the

responding

party shall so state.

9.

Unless

a different period is _specifically set forth in

a

demâñd

_herein, the period

of

time

covered

by

this

demand

shall

be

deemed

to

be

January

_1,

2005

through

and

_including the

date

of

this

demand/notice

(the

"Relevant

Period").

DOCUMENT

REQUEST

PLEASE

TAKE

FURTHER

NOTICE

that

Defendant

is required to

produce

the

below-listed

documents

in its _{possession, custody} and/or _control, unless

provided

otherwise.

1.

Any

and

all

documents

and

communications

between

any

Plaintiff

and

106-108

Convent

BCR.

2.

Any

and

all

documents

and

communications

concenúüg

any

IAIs

performed

in

Apartment

17

at

106

Convent

_(including,

without

_{limitation, applications, statements, reports,}

estimates, bids, contracts, agreements, plans, drawings,

change

orders,

payment

receipts and/or

any

documents

submitted

to

DHCR),

during the

Relevant

Period.

3.

Any

and

all

Notices

of

Deregulation

provided

for

any

tenant at

Apartment

17 at

106

Convent

_during the

Relevant

Period.

4.

Any

and

all

Apartment

Registrations for

Apartment

17

at

106

Convent

_during the

Relevant

_{Period, including}

but

not limited to

any

Initial

Apartment

Registrations

on

DHCR

Form

RR1.

5.

Any

and

all leases and/or lease _{riders, modifications,}

amendments,

extensions and/or _{renewals, subleases,}

assignmeñts

and/or guaranties in

connection

with

Apartment

17 at

106

Convent

_during the

Relevant

Period.

6.

Any

and

all

documents

and

communications

c0ñceming

any

IAIs

perfonned

in

Apartment

14

at

106

Convent

_(including,

without

_{limitation, applications, statements, reports,}

estimates, bids, contracts, agreemeñts, plans, drawings,

change

orders,

payment

receipts and/or

any

documents

submitted to

DHCR),

during the

Relevant

Period.

7.

Any

and

all

documents

and

communications

_supporting the calculation

of

the legal regulated rent for

Apartment

14

at

106

Convent

_during the

Relevant

Period.

8.

Any

and

all

Notices

of

Deregulation

provided

for

any

tenant at Apaitñient 14 at

106

Convent

_during the

Relevant

Period.

9.

Any

and

all

Apartment

Registrations for

Apartment

14

at

106

Convent

_during the

Relevant

_{Period, including}

but

not limited to

any

Initial

Apartment

Registrations

on

DHCR

Fonn

RR1.

10.

Any

and

all leases and/or lease _{riders, modifications,}

amendments,

extensions

and/or _{renewals, subleases,}

assigñmeñts

and/or guaranties in

ceññection

with

Apartment

14 at

106

Convent

_during the

Relevant

Period.

11.

Any

and

all

documents

and

communications

_supporting the calculation

of

the

legal regulated rent for

Apartment

14 at

106

Convent

during

the

Relevant

Period.

12.

Any

and

all

documents

and/or

communications

concerning

applications for loans and/or _financing in

connection

with

the Building.

13.

Any

and

all

documents

and/or

communications

concerning

the receipt

of

any

loans and/or _financing in

connection

with

the Building.

14.

Any

and

all

documents

and/or

communications

concerning

the sale

of

the Building.

15.

Any

and

all

documents

and/or

communications

coñcerñing

the purchase

of

the Building.

16.

A

true

and

complete

copy

of

the

DHCR's

"Registration

Rent

Roll Report" for the

Building.

17.

A

true

and

complete

copy

of

the

DHCR's

"Cases

by

_Building Report" for the

Building.

18.

Any

and

all

documents

and

communications

coñcersing

any

MCI

in or

about

the

Building

(including,

without

limitation, applications, statements, reports, estimates, bids,

contracts, agreements, plans, drawings,

change

orders,

payment

receipts and/or

documents

submitted

to

DHCR).

19.

A

copy

of

any

and

all _operating

agreements

for

106-108

Convent

BCR

_including

any

exhibits

and

amendments

thereto.

20.

Any

and

all

documents

sufficient to _identify

any

_{party claiming}

any

ownership

interest in the _{Building, including}

any

exhibits

and

amendments

thereto.

21.

Any

and

all formation

agreements

for

106-108

Convent

BCR,

_including

any

exhibits

and

amendments

thereto.

22.

Any

and

all

agreemeñts

concerning

real _property

management

services for the

Buildings

during

the

Relevant

_{Period, including}

any

exhibits

and

amendments

thereto.

23. All

documents

upon

which

106-108

Convent

BCR

intends to _rely

upon

at trial.

PLEASE

TAKE

FURTHER

NOTICE

that Plaintiffs reserve the right to serve

additional and/or

supplemental

demands

upon

106-108

Convent

BCR,

as

may

be

deemed

appropriate and/or

necessary

_during the course

of

discovery.

Dated:

New

York,

New

York

August

_8,

2018

Yours,

etc.,

NEWMAN

FERRARA

LLP

Attorneys

for

Plaintiffs

By:

Lucas

A.

_Ferrara, Esq.

Jarred I. _Kassenoff, Esq.

Roger

A.

_Sachar, Esq.

1250

Broadway,

27th

Street

New

York,

New

York

10001

(212)

619-5400

cc:

KOSS

&

SCHONFELD,

LLP

Simcha

D.

_Schonfeld, Esq.

90

John

_Street, Suite

408

New

York,

NY

10038

(212)

796-8916