lazare potter & giacovas llp
TRANSCRIPT
LP
LAZARE POTTER & GIACOVAS LLP
875 THIRD AVENUE, 28TH FLOOR m NEw YORK, NY 10022
TEL. 212-758-9300 m FAx. 212-888-0919
w w w. I p g 1 1 p . c o mWRITER'S EMAIL WRITER'S DIRECT DIAL
[email protected] (212) 784-2413
October 14, 2016
(Via email [email protected] and U.S. Mail)
Sandeep Chatrath, Esq.
The Chatrath Law Firm, P.C.
170 Old Country Road, Suite 316
Mineola, New York 11501
Re: All About Paper, Inc. v. AmGuard Ins. Co.
Index No.: 157037/15
Dear Mr. Chatrath:
As you know, this firm represents AmGuard Insurance Company ("AmGuard") in the above-
referenced matter. On October 4, 2016, in response to AmGuard's motion to compel, I received
Plaintiff's responses to AmGuard's Combined Discovery Demands. The responses, which were due
on June 13, 2016, are not complete and include numerous deficiencies and improper objections
therein. We request that Plaintiff promptly rectify these deficiencies prior to proceeding with
depositions, and further note that AmGuard will continue to seek appropriate judicial intervention
via its pending motion to compel.
Specifically, Document Demand No. 2 requests "[a]ll documents, reports, analysis, memoranda
or other information concerning the alleged loss or damage to the AC unit that is the subject of this
action, including, but not limited to, records maintained by any person or entity retained by the
Plaintiff to perform an inspection or evaluation of the alleged loss or damage for the purpose of
evaluating the cause and origin and/or the extent of damage alleged to have takenplace."
Document
Demand No. 11 requests "[a]ll documents, including, but not limited to, reports, investigations, etc.
concerning the cause and origin of the alleged loss or damage that is the subject of thisaction."
Plaintiff's resporise refers AmGuard to Exhibit"A,"
which consists of a copy of the subject
policy, lease agreement, three invoices and two checks, and AmGuard's disclaimer. These documents
are non-responsive to the above dernañds as none contain any information concerning the alleged
damage to the AC unit, any inspections, evaluations of the AC unit and/or any reports or documents
concerning the cause and origin of the alleged damage to the AC unit.
FILED: NEW YORK COUNTY CLERK 03/26/2019 02:36 PM INDEX NO. 157037/2015
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/26/2019
LAZARE POTTER GIACOVAS LLP
Sandeep Chatrath, Esq.
October 14, 2016
Page 2 of 4
Document Demand No. 6 requests "[a]ll invoices, bills, cancelled checks, statements,
accounting records, estimates, repair/damage reports, wire transfer information or other documentation
relating to the alleged amount of damages at issueherein."
Document Request No. 7 requests "[a]ll
documents, including, but not limited to, all invoices, bills, cancelled checks, statements, accounting
records, estimates, repair/damage reports, wire transfer information, receipts, proof of payment or other
documentation concerning any repairs or work performed by any plumbers, contractors, professionals,
consultants, etc. in connection with the alleged loss or damage that is the subject of this action,
including, but not limited to, all work done in connection with the replacement, remediation and/or
repair of the AC unit."Document Request No. 8 requests "[a]ll documents, including, but not limited
to, all invoices, bills, cancelled checks, statements, accounting records, estimates, repair/damage
reports, wire transfer information, receipts, proof of payment or other documentation concerning anymitigation work done by Plaintiff and/or its representatives in connection with the alleged loss ordamage."
Plaintiff's response is not complete. For example, Plaintiff had not produced any proof of
payment for an invoice for work purportedly completed by Wu's Mechanical in the amount of
$25,202.62.
Document Demand No. 9 requests copies of any "contracts, agreements, amendments, riders,
endorsements or exhibits thereto, related to or concerning any and all repairs and/or work performed to
the alleged damaged AC unit that is the subject of thisaction." No such documents were provided in
Exhibit"A,"
to which Plaintiff refers AmGuard to in response to this demand.
Document Demand No. 10 requests "[c]olor copies of any photographs depicting the alleged
damaged AC unit that is the subject of thisaction."
Plaintiff again refers AmGuard to Exhibit"A,"
which contains no photographs.
Document Demand No. 13 requests "[a]ll documents including, but not limited to,
correspoñdeñce between Plaintiff and/or his representatives and AmGuard and/or its representatives
related to or concerning the alleged loss or damage to the AC unit that is the subject of this action
and/or Plaintiff's claim for coverage under the AmGuardpolicy."
Document Demand No. 15 requests
"[a]ll documents including, but not limited to, correspondence between Plaintiff and/or his
representatives and Plaintiff's landlord and/or its representatives related to or concerning the alleged
loss or damage to the AC unit that is the subject of this action and/or any claim for damages byPlaintiff."
Document Demand No. 17 requests "[a]ll documents and correspondence concerning any
tenders, demands or any other requests for coverage forwarded by or on behalf of Plaintiff to AmGuard
in connection with the alleged loss or damage that is the subject of thisaction."
Plaintiff's continued
reference to Exhibit"A"
is unresponsive as there is not a single piece of correspondence between
Plaintiff and AmGuard (other than AmGuard's disclaimer), nor any emails, letters, tenders and anyother documents between Plaintiff and AmGuard or Plaintiff and its landlord in connection with the
damaged AC unit.
Document Demand No. 18 requests "[a]ny letters, memoranda, internal documentation, or
other documents concerning whether any other entity is/are obligated to insure Plaintiff in connection
FILED: NEW YORK COUNTY CLERK 03/26/2019 02:36 PM INDEX NO. 157037/2015
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/26/2019
LAZARE POTTER & GlACOVAS LLP
Sandeep Chatrath, Esq.
October 14, 2016
Page 3 of 4
with the alleged loss or damage that is the subject of this action, including, but not limited to, any other
potentially relevant insurance policies and certificates ofinsurance."
Plaintiff refers AmGuard to the
AmGuard policy only. Plaintiff's response is deficient and non-responsive as the demand seeks
information concerning any other entity that may/is obligated to insure Plaintiff in connection with this
subject loss. Plaintiff has also failed to produce any certificates of insurance.
Additionally, Plaintiff contends that Demand No. 18 seeks privileged information, but no
privilege log has been provided. Thus, if and to the extent Plaintiff is withholding and/or redactingdocuments on the basis of any claimed privilege, please provide a privilege log identifying the
documents Plaintiff is withholding and the claimed privilege.
Plaintiff's responses to AmGuard's interrogatories are also incomplete and/or deficient.
Specifically, Interrogatory No. 3 requests "the specific breakdown of the alleged $70,000 in damages
Plaintiff is seeking as alleged in the Verified Complaint and/or in thisaction,"
and that Plaintiff
produce all documents in support of same. As an initial matter, Plaintiff's blanket objection to
virtually every interrogatory stating "[r]equest for production of documents is improper for a demand
forinterrogatories"
is without merit. See CPLR ¶ 3131 ("Interrogatories may require copies of such
papers, documents or photographs as are relevant to the answers required...."). In any event,
Plaintiff's response is deficient. It does not set forth the specific breakdown of the damages sought in
connection with the repairs allegedly at issue. Plaintiff also fails to specify the damages it seeks in
connection with its alleged business interruption claim, nor does it provide any documents in support
of said claim - a claim that Plaintiff asserts for the first time in its discovery responses.
Interrogatory No. 4 requests that Plaintiff "[i]dentify and produce any and all documents,
including, but not limited to, all invoices, bills, cancelled checks, statements, accounting records,
estimates, repair/damage reports, wire transfer information, receipts, proof of payment or other
documentation on which Plaintiff relies on and which supports Plaintiff's claim for damages in the
amount of $70,000, as alleged in VerifiedComplaint."
Interrogatory No. 21 ask Plaintiff to "[i]dentifyand produce any and all documents, including, but not limited to, all invoices, bills, cancelled checks,
statements, accounting records, estimates, repair/damage reports, wire transfer information, receipts,
proof of payment or other documentation concerning any repairs or work performed by any
contractors, professionals, consultants, etc. in connection with the loss that is the subject of thisaction."
Plaintiff's response refers AmGuard to its document production at Exhibit"A,"
which, as
stated above, does not include any documents concerning Plaintiff's proof of payment to Wu's
Mechanical.
Interrogatory No. 10 requests that Plaintiff identify the owner of the AC unit at issue. Plaintiff
provides no response.
Moreover, Plaintiff's responses to AmGuard's interrogatories are not properly verified. Please
provide a sworn verification from your client. See CPLR § 3133(b) ("Interrogatories shall be answered
in writing under oath by the party served, if an individual, or, if the party served is a corporation, a
FILED: NEW YORK COUNTY CLERK 03/26/2019 02:36 PM INDEX NO. 157037/2015
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/26/2019
LAZARE POTTER & GIACOVAS LLP
Sandeep Chatrath, Esq.
October 14, 2016
Page 4 of 4
partnership or a sole proprietorship, by an officer, director, member, agent or employee having the
information.").
Additionally, Plaintiff has failed to provide any response to the Court's May 12, 2016
Preliminary Conference Order ("PC Order").
As you know, depositions, as per the PC Order, were to be held on or before September 1,
2016. Due to Plaintiff's delay in responding to AmGuard's discovery demands -prompting the
pending motion to compel - AmGuard has been unable to proceed with depositions. Thus, please
immediately provide full and complete responses to the outstanding demands.
Lastly, please find enclosed AmGuard's Second Notice for Discovery & Inspection and
Second Set of Interrogatories in connection with Plaintiff's recently-asserted business interruption
claim.
Please also provide available dates for Plaintiff's deposition. Please note that if duly
demanded documents and/or information are not received in advance of Plaintiff's deposition,
AmGuard will reserve its right to re-depose Plaintiff once received, and will seek to recoup from
Plaintiff any costs associated therewith.
Should you wish to discuss, or have any questions, please contact me.
Very truly o
Rippi Gill
Encl.
FILED: NEW YORK COUNTY CLERK 03/26/2019 02:36 PM INDEX NO. 157037/2015
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/26/2019