Preview
FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022
"A"
Exhibit
FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022
NO. 654087/2019
INDEX
CLERK 21/2022 09 : 4 7 ANI
FILED: NEW TORK COUNTY 11/ NYSCEF: 11/21/2022
RECEIVED
NYSCEF DOC. NO. 72
THE STATE OF NEW YORK
SUPREME COURT OF
COUNTY OF NEW YORK
.....______________--..------...._____-._..__......._____..________.-----Ç
SUBPOENA DUCES
PATRICIA A. LUCA, ESQ., P.C.,
TECUM and AD
TESTIFICANDUM
PlaintitY.
Index No.
-against-
654087/2019
SCOTT W. PEARL, ESQ.. P.C. and LUCA & PEARL. LLP.
Defendants.
__.._____-..____....__--..___.__..______...---..-----..--------.·-------X
PEOPLE OF THE STATE OF NEW YORK
THE
P.C. and Scott W. Pearl
TO: Scott W. Pearl, Esq.,
Mark Fenelon. PI LC
c/o Law OtEce of J.
Attorneys jor Defendant Scott W. Pearl. Esq., E C
48th
353 West Street, Suite 342
New York. New York 10036
646.801.2643
mfenelon fenelaw.com
GREETINGS:
you and each of
WE COMMAND YOU, that all business and excuses being
laid aside.
before the Hon. Melissa A. Crane. Supreme Court, New York County. at
you appear and attend
New York, New York 10007 on December 1. 2022
the within Court located at 60 Centre Street.
recessed or adjourned date. to give in
at 9:30 a.m. in the forenoon ofthat day and at any testimony
PATRICIA A. LUCA. ESQ., P.C. and that you bring
with
this action on the part of the plaintiff.
you. and produce at the time and place aforesaid a certain:
1 of 5
FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022
INDEX No. 654087/2019
:
ILED: CO RECEIVED NYSCEF: 11/21/2022
NYSCEF DOC. NO. 72
LLP Escrow
2019 to date for Luca & Pearl. ("LP")
Account statements from January 1.
1.
settlement checks and other LP
signatory and into which
which Scott Pearl is the only
Account on
deposited Scott Peark
fees were by
time spent
Scott W. Pearl Esq, P.C. showing
Scott Pearl and/or
Time records maintained by
2.
which 1 P was retained by
the client(s) prior to May
matters in
2019 on contingency
after May 1,
1. 2019:
No. 6956 from
LP Account
Chase account statements for Checking
3. JPMorgan
December 2016 to date:
30. 2018 to Thompson Law Group, P.C.
Account check No. 1054 dated July
4. LP Client Fund
in the sum of $46.250.00;
20. 2021 re: data from LP:
Luca and Scott Pearl dated May
5. Email exchange between Patricia
Charter for services provided from February
25303 dated 04/29/2019 to Royal
6. LP Invoice
2016 to April 2019:
82234 April 2018 from MCIC Vermont in the sum of $32.986.07:
7. Check dated 6,
04/29/2019 Sedgwick Claims Mgmt. Services for services in 2015
8. LP invoice 25307 dated to
and Sedgwick Check 83924292 dated 5/2/2019 in the sum of $4.715.00:
from Sedgwick Claims for services in 2015;
9. Check 83924274 in the sum of $2,450.77
10. FOJP Service check 156504 in the sum of $47,058.02 dated 3/26/19:
Claims check 980022400 sum of $8,733.04 dated March 25. 2019. and
11. Sedgwick in the
NYPH check 1757432 in the sum of $1.741,50 dated March 25, 2019:
12. Two letters from FOJP Service Corporation and four checks re: Fu:io;
13. Letter from Mutual dated September 12. 2019 re: Victor George:
Liberty
2
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FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022
INDEX NO. 654087/2019
FI D: C Y C :
RECEIVED NYSCEF: 11/21/2022
NYSCEF DOC. NO. 72
NYC Human Administration dated 2020 Tetyana
14. Correspondence from Resources May 6, re:
Pomarzhanska:
15. Correspondence from NYS Oflice of Medicaid Inspector dated October 2. 2020 re: Delisa
lien;
Rawlings dated October 4. 2019 re: Seepersad lien;
16. Fax Correspondence from The Company
Email from Ken Platzer to Scott Pearl 15, 2021 re: Faria:
17. February
18. Email exchange between Luca and Pearl on June 21. 2020 re: NYPH check 8271 1:
19. Patricia Luca email to Scott Pearl on October 26, 2018 re: RCP Billing:
Discontinuance. Statements and settlement
20. papers (Releases, Stipulations of Closing
Closing
in Chan New York City: Bronx index No. 2I851/2015:
checks), to the extent they exist, v.
Discontinuance. Statements and settlement
21. papers (Releases, Stipulations of Closing
Closing
JHH New York Index No. 109470/2011:
checks). to the extent exist, in Cruse v. County
they
Discontinuance. Statements and settlement
22. papers (Releases, Stipulations of Closing
Closing
in Cru: v. Krystal; Queens Index No. 20456/2013;
checks), to the extent they exist,
Statements and settlement
23. papers (Releases. Stipulations of Discontinuance, Closing
Closing
DeLisa n Kings Index No. 521998/2016:
checks). to the extent they exist, in Bruno; County
Statements and settlement
24. papers (Releases, Stipulations of Discontinuance, Closing
Closing
DeLisa Westchester Index No. 62874/2016:
checks). to the extent they exist, in v. Lam;
Stipulations of Discontinuance,
Statements and settlement
25. papers (Releases, Closing
Closing
in Fazio v. Monteflore: Bronx Index No. 24998/2005:
checks). to the extent they exist,
of Statements and settlement
26. papers (Releases, Stipulations Discontinuance, Closing
Closing
in Myigtic Antonucci: Bronx Index No. 24310/2015;
checks), to the extent they exist, v.
3
3 of 5
FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022
INDEX NO. 654087/2019
CO Y CLERK :
F D: NEW RECEIVED NYSCEF: 11/21/2022
NYSCEF DOC. NO. 72
Statements and settlement
of Discontinuance. Closing
Stipulations
27. papers (Releases,
Closing
Index No. 521102/2016;
checks). to the extent they exist, in MG v. .Black; Kings County
Statements and settlement
of Discontinuance. Closing
Stipulations
papers (Releases,
28. Closing
Westchester Index No. 60147/2013;
in Mitchell v. Ouincy:
to the extent they exist,
checks),
Statements and settlement
Stipulations of Discontinuance, Closing
papers (Releases.
29. Closing
151294/2016/2015:
New York Index No.
extent exist, in Shaw v TD Bank:
to the they
checks),
and settlement
Statements
of Discontinuance, Closing
(Releases, Stipulations
30. papers
Closing
American Arbitration
Ni Nan Acupuncture:
in Seepersad v.
checks). to the extent they exist,
Association:
Statements and settlement
of Discontinuance. Closing
(Releases, Stipulations
31. papers
Closing
Index No. 157624/2015:
exist. in Trinidad n Board: New York County
checks). to the extent they
Statements and settlement
Stipulations of Discontinuance. Closing
papers (Releases.
32. Closing
Index No. 501771/2018;
VillesWas v. Ahmadi: Kings County
the extent exist. in
checks). to they
payment records from Tedeschi USA LLC and
records and LP and
33. Scott Pearl time Billing
Felice Tedeschi from 2015 to date.
Justices of said Court, 60 Centre Street. New
Hon. Melissa A. Crane, one of the
WITNESS,
York. New York 10007.
Dated: New York, New York
November 21. 2022
BRUCE N. LEDERMAN ESQ.
Attorney for Plaintiff
23rd
747 Third Avenue, Floor
New York. New York 10017
(212) 204-6018
(917)
612-9298
I
ederman.bruce@gmailcom
4
4 of 5
. INDEX NO. 654087/2019
FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM
NYSCEF DOC. NO. 76 654097/ RECEIVED 2019 NYSCEF: 11/23/2022
NO.
INDEX
11/21/2022
NYSCEF:
ygg
No. 72
DOC,
YSCEF
Fenelon.
PLLC
of Mark J.
P.( '.
Office Esq..
TO: Law Scott IV.
Pearl.
Defenýnt
Attorneys tor
486¹ Suite 342
Street,
West
353
York 10036
York,
New
New
646.801.2643
fenelaw.com
mfenelon
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022 "A" Exhibit FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022 NO. 654087/2019 INDEX CLERK 21/2022 09 : 4 7 ANI FILED: NEW TORK COUNTY 11/ NYSCEF: 11/21/2022 RECEIVED NYSCEF DOC. NO. 72 THE STATE OF NEW YORK SUPREME COURT OF COUNTY OF NEW YORK .....______________--..------...._____-._..__......._____..________.-----Ç SUBPOENA DUCES PATRICIA A. LUCA, ESQ., P.C., TECUM and AD TESTIFICANDUM PlaintitY. Index No. -against- 654087/2019 SCOTT W. PEARL, ESQ.. P.C. and LUCA & PEARL. LLP. Defendants. __.._____-..____....__--..___.__..______...---..-----..--------.·-------X PEOPLE OF THE STATE OF NEW YORK THE P.C. and Scott W. Pearl TO: Scott W. Pearl, Esq., Mark Fenelon. PI LC c/o Law OtEce of J. Attorneys jor Defendant Scott W. Pearl. Esq., E C 48th 353 West Street, Suite 342 New York. New York 10036 646.801.2643 mfenelon fenelaw.com GREETINGS: you and each of WE COMMAND YOU, that all business and excuses being laid aside. before the Hon. Melissa A. Crane. Supreme Court, New York County. at you appear and attend New York, New York 10007 on December 1. 2022 the within Court located at 60 Centre Street. recessed or adjourned date. to give in at 9:30 a.m. in the forenoon ofthat day and at any testimony PATRICIA A. LUCA. ESQ., P.C. and that you bring with this action on the part of the plaintiff. you. and produce at the time and place aforesaid a certain: 1 of 5 FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022 INDEX No. 654087/2019 : ILED: CO RECEIVED NYSCEF: 11/21/2022 NYSCEF DOC. NO. 72 LLP Escrow 2019 to date for Luca & Pearl. ("LP") Account statements from January 1. 1. settlement checks and other LP signatory and into which which Scott Pearl is the only Account on deposited Scott Peark fees were by time spent Scott W. Pearl Esq, P.C. showing Scott Pearl and/or Time records maintained by 2. which 1 P was retained by the client(s) prior to May matters in 2019 on contingency after May 1, 1. 2019: No. 6956 from LP Account Chase account statements for Checking 3. JPMorgan December 2016 to date: 30. 2018 to Thompson Law Group, P.C. Account check No. 1054 dated July 4. LP Client Fund in the sum of $46.250.00; 20. 2021 re: data from LP: Luca and Scott Pearl dated May 5. Email exchange between Patricia Charter for services provided from February 25303 dated 04/29/2019 to Royal 6. LP Invoice 2016 to April 2019: 82234 April 2018 from MCIC Vermont in the sum of $32.986.07: 7. Check dated 6, 04/29/2019 Sedgwick Claims Mgmt. Services for services in 2015 8. LP invoice 25307 dated to and Sedgwick Check 83924292 dated 5/2/2019 in the sum of $4.715.00: from Sedgwick Claims for services in 2015; 9. Check 83924274 in the sum of $2,450.77 10. FOJP Service check 156504 in the sum of $47,058.02 dated 3/26/19: Claims check 980022400 sum of $8,733.04 dated March 25. 2019. and 11. Sedgwick in the NYPH check 1757432 in the sum of $1.741,50 dated March 25, 2019: 12. Two letters from FOJP Service Corporation and four checks re: Fu:io; 13. Letter from Mutual dated September 12. 2019 re: Victor George: Liberty 2 2 of 5 FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022 INDEX NO. 654087/2019 FI D: C Y C : RECEIVED NYSCEF: 11/21/2022 NYSCEF DOC. NO. 72 NYC Human Administration dated 2020 Tetyana 14. Correspondence from Resources May 6, re: Pomarzhanska: 15. Correspondence from NYS Oflice of Medicaid Inspector dated October 2. 2020 re: Delisa lien; Rawlings dated October 4. 2019 re: Seepersad lien; 16. Fax Correspondence from The Company Email from Ken Platzer to Scott Pearl 15, 2021 re: Faria: 17. February 18. Email exchange between Luca and Pearl on June 21. 2020 re: NYPH check 8271 1: 19. Patricia Luca email to Scott Pearl on October 26, 2018 re: RCP Billing: Discontinuance. Statements and settlement 20. papers (Releases, Stipulations of Closing Closing in Chan New York City: Bronx index No. 2I851/2015: checks), to the extent they exist, v. Discontinuance. Statements and settlement 21. papers (Releases, Stipulations of Closing Closing JHH New York Index No. 109470/2011: checks). to the extent exist, in Cruse v. County they Discontinuance. Statements and settlement 22. papers (Releases, Stipulations of Closing Closing in Cru: v. Krystal; Queens Index No. 20456/2013; checks), to the extent they exist, Statements and settlement 23. papers (Releases. Stipulations of Discontinuance, Closing Closing DeLisa n Kings Index No. 521998/2016: checks). to the extent they exist, in Bruno; County Statements and settlement 24. papers (Releases, Stipulations of Discontinuance, Closing Closing DeLisa Westchester Index No. 62874/2016: checks). to the extent they exist, in v. Lam; Stipulations of Discontinuance, Statements and settlement 25. papers (Releases, Closing Closing in Fazio v. Monteflore: Bronx Index No. 24998/2005: checks). to the extent they exist, of Statements and settlement 26. papers (Releases, Stipulations Discontinuance, Closing Closing in Myigtic Antonucci: Bronx Index No. 24310/2015; checks), to the extent they exist, v. 3 3 of 5 FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM INDEX NO. 654087/2019 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 11/23/2022 INDEX NO. 654087/2019 CO Y CLERK : F D: NEW RECEIVED NYSCEF: 11/21/2022 NYSCEF DOC. NO. 72 Statements and settlement of Discontinuance. Closing Stipulations 27. papers (Releases, Closing Index No. 521102/2016; checks). to the extent they exist, in MG v. .Black; Kings County Statements and settlement of Discontinuance. Closing Stipulations papers (Releases, 28. Closing Westchester Index No. 60147/2013; in Mitchell v. Ouincy: to the extent they exist, checks), Statements and settlement Stipulations of Discontinuance, Closing papers (Releases. 29. Closing 151294/2016/2015: New York Index No. extent exist, in Shaw v TD Bank: to the they checks), and settlement Statements of Discontinuance, Closing (Releases, Stipulations 30. papers Closing American Arbitration Ni Nan Acupuncture: in Seepersad v. checks). to the extent they exist, Association: Statements and settlement of Discontinuance. Closing (Releases, Stipulations 31. papers Closing Index No. 157624/2015: exist. in Trinidad n Board: New York County checks). to the extent they Statements and settlement Stipulations of Discontinuance. Closing papers (Releases. 32. Closing Index No. 501771/2018; VillesWas v. Ahmadi: Kings County the extent exist. in checks). to they payment records from Tedeschi USA LLC and records and LP and 33. Scott Pearl time Billing Felice Tedeschi from 2015 to date. Justices of said Court, 60 Centre Street. New Hon. Melissa A. Crane, one of the WITNESS, York. New York 10007. Dated: New York, New York November 21. 2022 BRUCE N. LEDERMAN ESQ. Attorney for Plaintiff 23rd 747 Third Avenue, Floor New York. New York 10017 (212) 204-6018 (917) 612-9298 I ederman.bruce@gmailcom 4 4 of 5 . INDEX NO. 654087/2019 FILED: NEW YORK COUNTY CLERK 11/23/2022 07:31 PM NYSCEF DOC. NO. 76 654097/ RECEIVED 2019 NYSCEF: 11/23/2022 NO. INDEX 11/21/2022 NYSCEF: ygg No. 72 DOC, YSCEF Fenelon. PLLC of Mark J. P.( '. Office Esq.. TO: Law Scott IV. Pearl. Defenýnt Attorneys tor 486¹ Suite 342 Street, West 353 York 10036 York, New New 646.801.2643 fenelaw.com mfenelon 5 of 5