Preview
FILED: NEW YORK COUNTY CLERK 04/04/2011 INDEX NO. 650159/2010
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/04/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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HARVEY RUDMAN and HAROLD KUPLESKY, Index No. 650159/1 0
on Behalf of Each of Them Individually And
On Behalf Of Starrett City Preservation LLC,
Derivatively,
Plaintiffs,
- against -
CAROL GRAM DEANE, THE ESTATE OF
DISQUE D. DEANE by CAROL G. DEANE,
as TEMPORARY EXECUTRIX, SALT
KETTLE LLC, ST. GERVAIS LLC,
STARRTT CITY PRESERVATION LLC,
DD SPRING CREEK LLC, SK SPRING
CREEK LLC, SPRING CREEK PLAZA
LLC, DD SHOPPING CENTER LLC and
SK SHOPPING CENTER LLC,
Defendants.
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PLAINTIFFS' FIRST SET OF INTERROGATORIES
Pursuant to Section 3130 ofthe New York Civil Practice Law and Rules,
Plaintiffs Harvey Rudman and Harold Kuplesky ("Plaintiffs") demand that, by May 20, 2011,
Defendants Carol Gram Deane, The Estate of Disque D. Deane by Carol G. Deane as Temporary
Executrix, Salt Kettle LLC, St. Gervais LLC, Starrett City Preservation LLC, DD Spring Creek
LLC, SK Spring Creek LLC, Spring Creek Plaza LLC, DD Shopping Center LLC and SK
Shopping Center LLC ("Defendants") serve upon the undersigned attorneys for Plaintiffs a
written answer under oath to each of the following interrogatories in accordance with the
definitions and instructions set forth below.
526574.6 1
DEFINITIONS
Plaintiffs incorporate each ofthe "Definitions" set forth in Plaintiffs' First
Request for Production of Documents to all Defendants Except Spring Creek Plaza LLC, dated
April 1, 2011.
INSTRUCTIONS
1. Each interrogatory, including subparts thereof, shall be answered
separately and fully under oath.
2. Each interrogatory calls for all information known by or available to you
or from any source in your possession, custody or control, wherever situated, including, without
limitation, information available to you through reasonable inquiry, including inquiry of your
partnerships, offcers, employees, representatives and agents.
3. When knowledge or information of a party is requested, such interrogatory
includes knowledge or information of the party's officers, directors, agents, members, managers,
representatives, predecessors in interest, successors, partnerships, experts and persons consulted
concerning any factual matters or matters of opinion relating to any of the facts or issues
involved in this case.
4. If you refuse to respond to any of the following interrogatories or part
thereof, identify and specify the basis for your claim that the interrogatory or part thereof need
not be answered. If you object to any interrogatory or part thereof on the basis of the attorney-
client privilege or work-product protection, identify the privilege claimed, as well as each
statement or communication for which the privilege is claimed, together with the following
information with respect to each such statement or communication: (a) the date; (b) the names of
526574.6 2
persons present; (c) the subject matter; (d) the location and/or custodian; and (e) the basis on
which the privilege is claimed.
5. The answers to each of these interrogatories should be as responsive to
each part thereof as is reasonably possible, whether such par thereof is stated in a separate
sentence, or is stated in conjunction with another part or parts in a single sentence, or is
specifically designated in a particular interrogatory. If you object to a part of any interrogatory,
you are instructed to clearly indicate to which part of the interrogatory your objection is directed
and to answer the remainder to which you do not object.
6. If any information requested by an interrogatory or part thereof cannot
with due diligence be obtained or ascertained, so state, specify all steps taken to provide such
information, and answer the remainder of the interrogatory to the fullest extent possible.
7. When requested to "identify" any person, provide the following: (a) the
full name of the person; (b) present home and business telephone numbers, or last known home
and business telephone numbers if present numbers are unknown; (c) present home address, or
last known home address if present home address is unkown; (d) present business address, or
last known business address if present business address is unknown; (e) current employer or
business affiiation, or last known employer or business affiiation if current employer or
business affiiation is unkown; and (f) current occupation and business positions held, or last
known occupation and business positions if current occupation and business positions are
unkown. If any of this information is not available, state any other available means of
identifying such person.
8. Whenever a date, amount or other computation or figure is requested, the
exact date, amount or other computation or figure is to be given unless it is not known. If it is
526574.6 3
not known, then the approximate date, amount or other computation or figure should be given or
the best estimate thereof, and the answer shall state that the date, amount, computation or figure
is an estimate or approximation.
9. More than one particular interrogatory may call for production of the same
information. The presence of such duplication is not to be interpreted to narrow or limit, in any
manner, the normal interpretation placed on each individual interrogatory.
10. If you claim any ambiguity in any interrogatory or any definition or
instruction applicable to the interrogatory, you may not use that claim as the basis for refusing to
respond to the interrogatory, but shall respond to the interrogatory applying the broadest possible
interpretation.
11. Any interrogatory propounded in the present tense shall also be read as if
propounded in the past tense, and vice versa, whenever appropriate to bring within the scope of
these interrogatories any information which otherwise might be considered to be beyond their
scope.
12. The use of the singular form of any word shall be construed to include the
plural, and vice versa.
13. Pursuant to CPLR § 3101 (h), these interrogatories are continuing in
nature. If, after answering these interrogatories, you or any of your attorneys, agents, employees,
representatives or any other person on your behalf obtains or becomes aware of additional
information responsive to any interrogatory herein, you are required to serve a supplemental
answer reflecting all such subsequently acquired information as soon as reasonably possible after
receipt of such information.
526574.6 4
INTERROGATORIES
1. State how and to whom the cash proceeds of the Refinancing were
distributed, including specifying the amounts received by each Defendant. To the extent that
cash proceeds of the Refinancing were put into an escrow, reserve or repair account, specify how
such funds have since been used or if they remain in such accounts.
2. Specify all non-cash assets transferred from SCA to each of the
Defendants between December 15,2009 and the present.
3. Specify all cash payments and non-cash assets transferred to Preservation
by any person or entity, and specify the amount of money or the non-cash asset transferred,
identify the transferor, and specify the date(s) of transfer.
4. Specify all cash payments and non-cash assets transferred from
Preservation to any person or entity, and specify the amount of money or the non-cash asset
transferred, identify the transferee, and specify the date(s) of transfer.
5. Set forth how each of the Preservation Payments was calculated. If any
calculation was based in whole or in part on section 4.2(iii) of the Preservation Agreement,
specify all bonuses to office staff, including identifying the recipient of each bonus payment, the
amount of the bonus payment, the entity that made the payment, and the date of such payment.
~IJ LP/blcp
6. For each entity Defendant, identify all members, managing members and
offcers at each period of time between January 1, 2006 and the present, including for each the
dates they were members, managing members and/or officers, and the membership interests
held.
7. Identify all persons with knowledge or information concerning the drafting
or negotiation of the Preservation Agreement.
526574.6 5
8. Identify all persons with knowledge or information concerning the drafting
or negotiation of the Omnibus Assignments.
9. Identify all persons known to you to have been involved in the drafting of
Footnote 1 to the SCA/SCI Consolidated Financial Statements quoted in paragraph 57 of the
Complaint or a similar footnote appearing in the SCA partnership tax returns.
10. Identify all persons who discussed the possibilty of a refinancing of
Starrett City between January 1, 2006 and February 13, 2009, including but not limited to
representatives of SCA, governental agencies and lenders.
11. Identify each person with knowledge or information concerning the
decision to terminate Kuplesky's employment with any Deane Entity.
12. Identify each person with knowledge or information concerning the
decision to terminate Rudman's employment or consulting arrangement with any Deane Entity,
including but not limited to any person(s) at PwC or elsewhere who provided information upon
which this decision was based in whole or in part.
13. Identify the "real estate management business" that is alleged to employ
Rudman in paragraph 194 of Deane's Answer and Counterclaims.
14. Identify each person with knowledge or information concerning the
decision to issue the Preservation Payments or the calculation of the amounts of the Preservation
Payments.
15. Identify each person involved in the decision to reduce Plaintiffs' Sharing
Ratios in Preservation to zero.
16. Identify each person who held the position of assistant or secretary to
Deane or Carol Deane between May 1, 2004 and the present.
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17. State each date on which a meeting was held between a representative of
any Deane Entity, on the one hand, and representatives of any governent agency, lending
institution or the SCA Tenants Association on the other, between January 1, 2007 and December
31, 2009, including but not limited to meetings with representatives of Senator Charles Schumer,
FHA, HFA, DHCR, HPD, HUD or Wells Fargo, and identify the attendees of each such meeting.
Dated: New York, New York
April 1, 2011
By:
437 Madison Avenue, 35th Floor
New York, New York 10022
(212) 907-7300
Attorneys for Plaintif
526574.6 7
Preview
FILED: NEW YORK COUNTY CLERK 04/04/2011 INDEX NO. 650159/2010 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/04/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -- -- - --- -- - --- ---- --- -- - -- --- - -- - ----- --- - -- - -- - ---- - - --- - -- - -- - -- x HARVEY RUDMAN and HAROLD KUPLESKY, Index No. 650159/1 0 on Behalf of Each of Them Individually And On Behalf Of Starrett City Preservation LLC, Derivatively, Plaintiffs, - against - CAROL GRAM DEANE, THE ESTATE OF DISQUE D. DEANE by CAROL G. DEANE, as TEMPORARY EXECUTRIX, SALT KETTLE LLC, ST. GERVAIS LLC, STARRTT CITY PRESERVATION LLC, DD SPRING CREEK LLC, SK SPRING CREEK LLC, SPRING CREEK PLAZA LLC, DD SHOPPING CENTER LLC and SK SHOPPING CENTER LLC, Defendants. __ -__ --- -- - - -- -- -- - ----- ---- - - -- - - --- - ---- - - -- -- --- - -- - -- - -- ---- -- x PLAINTIFFS' FIRST SET OF INTERROGATORIES Pursuant to Section 3130 ofthe New York Civil Practice Law and Rules, Plaintiffs Harvey Rudman and Harold Kuplesky ("Plaintiffs") demand that, by May 20, 2011, Defendants Carol Gram Deane, The Estate of Disque D. Deane by Carol G. Deane as Temporary Executrix, Salt Kettle LLC, St. Gervais LLC, Starrett City Preservation LLC, DD Spring Creek LLC, SK Spring Creek LLC, Spring Creek Plaza LLC, DD Shopping Center LLC and SK Shopping Center LLC ("Defendants") serve upon the undersigned attorneys for Plaintiffs a written answer under oath to each of the following interrogatories in accordance with the definitions and instructions set forth below. 526574.6 1 DEFINITIONS Plaintiffs incorporate each ofthe "Definitions" set forth in Plaintiffs' First Request for Production of Documents to all Defendants Except Spring Creek Plaza LLC, dated April 1, 2011. INSTRUCTIONS 1. Each interrogatory, including subparts thereof, shall be answered separately and fully under oath. 2. Each interrogatory calls for all information known by or available to you or from any source in your possession, custody or control, wherever situated, including, without limitation, information available to you through reasonable inquiry, including inquiry of your partnerships, offcers, employees, representatives and agents. 3. When knowledge or information of a party is requested, such interrogatory includes knowledge or information of the party's officers, directors, agents, members, managers, representatives, predecessors in interest, successors, partnerships, experts and persons consulted concerning any factual matters or matters of opinion relating to any of the facts or issues involved in this case. 4. If you refuse to respond to any of the following interrogatories or part thereof, identify and specify the basis for your claim that the interrogatory or part thereof need not be answered. If you object to any interrogatory or part thereof on the basis of the attorney- client privilege or work-product protection, identify the privilege claimed, as well as each statement or communication for which the privilege is claimed, together with the following information with respect to each such statement or communication: (a) the date; (b) the names of 526574.6 2 persons present; (c) the subject matter; (d) the location and/or custodian; and (e) the basis on which the privilege is claimed. 5. The answers to each of these interrogatories should be as responsive to each part thereof as is reasonably possible, whether such par thereof is stated in a separate sentence, or is stated in conjunction with another part or parts in a single sentence, or is specifically designated in a particular interrogatory. If you object to a part of any interrogatory, you are instructed to clearly indicate to which part of the interrogatory your objection is directed and to answer the remainder to which you do not object. 6. If any information requested by an interrogatory or part thereof cannot with due diligence be obtained or ascertained, so state, specify all steps taken to provide such information, and answer the remainder of the interrogatory to the fullest extent possible. 7. When requested to "identify" any person, provide the following: (a) the full name of the person; (b) present home and business telephone numbers, or last known home and business telephone numbers if present numbers are unknown; (c) present home address, or last known home address if present home address is unkown; (d) present business address, or last known business address if present business address is unknown; (e) current employer or business affiiation, or last known employer or business affiiation if current employer or business affiiation is unkown; and (f) current occupation and business positions held, or last known occupation and business positions if current occupation and business positions are unkown. If any of this information is not available, state any other available means of identifying such person. 8. Whenever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known. If it is 526574.6 3 not known, then the approximate date, amount or other computation or figure should be given or the best estimate thereof, and the answer shall state that the date, amount, computation or figure is an estimate or approximation. 9. More than one particular interrogatory may call for production of the same information. The presence of such duplication is not to be interpreted to narrow or limit, in any manner, the normal interpretation placed on each individual interrogatory. 10. If you claim any ambiguity in any interrogatory or any definition or instruction applicable to the interrogatory, you may not use that claim as the basis for refusing to respond to the interrogatory, but shall respond to the interrogatory applying the broadest possible interpretation. 11. Any interrogatory propounded in the present tense shall also be read as if propounded in the past tense, and vice versa, whenever appropriate to bring within the scope of these interrogatories any information which otherwise might be considered to be beyond their scope. 12. The use of the singular form of any word shall be construed to include the plural, and vice versa. 13. Pursuant to CPLR § 3101 (h), these interrogatories are continuing in nature. If, after answering these interrogatories, you or any of your attorneys, agents, employees, representatives or any other person on your behalf obtains or becomes aware of additional information responsive to any interrogatory herein, you are required to serve a supplemental answer reflecting all such subsequently acquired information as soon as reasonably possible after receipt of such information. 526574.6 4 INTERROGATORIES 1. State how and to whom the cash proceeds of the Refinancing were distributed, including specifying the amounts received by each Defendant. To the extent that cash proceeds of the Refinancing were put into an escrow, reserve or repair account, specify how such funds have since been used or if they remain in such accounts. 2. Specify all non-cash assets transferred from SCA to each of the Defendants between December 15,2009 and the present. 3. Specify all cash payments and non-cash assets transferred to Preservation by any person or entity, and specify the amount of money or the non-cash asset transferred, identify the transferor, and specify the date(s) of transfer. 4. Specify all cash payments and non-cash assets transferred from Preservation to any person or entity, and specify the amount of money or the non-cash asset transferred, identify the transferee, and specify the date(s) of transfer. 5. Set forth how each of the Preservation Payments was calculated. If any calculation was based in whole or in part on section 4.2(iii) of the Preservation Agreement, specify all bonuses to office staff, including identifying the recipient of each bonus payment, the amount of the bonus payment, the entity that made the payment, and the date of such payment. ~IJ LP/blcp 6. For each entity Defendant, identify all members, managing members and offcers at each period of time between January 1, 2006 and the present, including for each the dates they were members, managing members and/or officers, and the membership interests held. 7. Identify all persons with knowledge or information concerning the drafting or negotiation of the Preservation Agreement. 526574.6 5 8. Identify all persons with knowledge or information concerning the drafting or negotiation of the Omnibus Assignments. 9. Identify all persons known to you to have been involved in the drafting of Footnote 1 to the SCA/SCI Consolidated Financial Statements quoted in paragraph 57 of the Complaint or a similar footnote appearing in the SCA partnership tax returns. 10. Identify all persons who discussed the possibilty of a refinancing of Starrett City between January 1, 2006 and February 13, 2009, including but not limited to representatives of SCA, governental agencies and lenders. 11. Identify each person with knowledge or information concerning the decision to terminate Kuplesky's employment with any Deane Entity. 12. Identify each person with knowledge or information concerning the decision to terminate Rudman's employment or consulting arrangement with any Deane Entity, including but not limited to any person(s) at PwC or elsewhere who provided information upon which this decision was based in whole or in part. 13. Identify the "real estate management business" that is alleged to employ Rudman in paragraph 194 of Deane's Answer and Counterclaims. 14. Identify each person with knowledge or information concerning the decision to issue the Preservation Payments or the calculation of the amounts of the Preservation Payments. 15. Identify each person involved in the decision to reduce Plaintiffs' Sharing Ratios in Preservation to zero. 16. Identify each person who held the position of assistant or secretary to Deane or Carol Deane between May 1, 2004 and the present. 526574.6 6 17. State each date on which a meeting was held between a representative of any Deane Entity, on the one hand, and representatives of any governent agency, lending institution or the SCA Tenants Association on the other, between January 1, 2007 and December 31, 2009, including but not limited to meetings with representatives of Senator Charles Schumer, FHA, HFA, DHCR, HPD, HUD or Wells Fargo, and identify the attendees of each such meeting. Dated: New York, New York April 1, 2011 By: 437 Madison Avenue, 35th Floor New York, New York 10022 (212) 907-7300 Attorneys for Plaintif 526574.6 7