Party Discovery: Rudman, Harvey, Individually And On Behalf Of Starrett City Preservation Llc, Derivatively, Kuplesky, Harold, Individually And On Behalf Of Starrett City Preservation Llc, Derivatively v. Carol Gram Deane, Disque D. Deane, 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, Sk Shopping Center Llc

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                                INDEX   NO.   650159/2010
(FILED: NEW YORK COUNTY CLERK 0872872012)
NYSCEF   DOC.      NO.      105                                                                     RECEIVED   NYSCEF      08/28/2012




                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF NEW YORK
                weenee    nen nee    eee enna een                 nenen ene nennen!


                HARVEY RUDMAN and HAROLD KUPLESKY,                                    Index No. 650159/10
                on Behalf of Each of Them Individually And
                On Behalf Of Starrett City Preservation LLC,                          Hon. Shirley Werner Kornreich
                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,
                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.
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                                  AFFIRMATION OF JACQUELINE G. VEIT IN SUPPORT OF
                             PLAINTIFFS’ MOTION TO COMPEL DOCUMENTS AND TESTIMONY

                                    JACQUELINE G. VEIT, an attorney duly admitted to practice before the Bar of

                the State of New York, affirms under penalty of perjury as follows:

                                    1      I am a partner with the firm of Golenbock Eiseman Assor Bell & Peskoe

                LLP, counsel to Plaintiffs Harvey Rudman and Harold Kuplesky (“Plaintiffs”),acting

                individually and derivatively on behalf of Starrett City Preservation LLC, and am fully familiar

                with the facts set forth herein. I submit this affirmation in support of Plaintiffs’ Motion to

                Compel the Production of Documents and Testimony withheld from production based upon the

                Kovel extension of the attorney-client privilege.




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2      Attached hereto as Exhibit A is a copy of an agreement entered into

between Berdon and counsel for defendants, dated “as of October 8, 2010”.

                   3      Attached hereto as Exhibit B are excerpts from the transcript of the

deposition of Stuart Kotler, conducted on July 10, 2012.

                   4      Attached hereto as Exhibit D is a copy of Berdon’s revised privilege log

identifying documents that Berdon withheld from production on claimed Kovel privilege

grounds. This log was provided to us on April 3, 2012.       For the convenience of the Court, we

added a reference number column to the log, numbering each withheld communication as B1

through B74,

                   5      Attached hereto as Exhibit E is a copy of the privilege log produced by

defendants identifying the documents they withheld from production on claimed Kovel privilege

grounds.      This log was provided to us on April 3, 2012. For the convenience of the Court, we

added a reference number column, numbering each withheld communication as D1 through D19.

                   6      Attached hereto as Exhibits C, F and G are copies of letters, dated January

31, 2012, March 13, 2012 and April 24, 2012 from me to defendants’ counsel (and Berdon’s

counsel in two instances) addressing their assertion of the Kovel privilege.      Counsel never

responded substantively to any of our letters, and never provided us with any legal authority to

support their assertion of this doctrine in this case.

                   7.     Attached hereto as Exhibit H are excerpts from the transcripts of the

deposition of Iris Sutz, conducted ‘on June 27, 2012 and Jufy         27, 2012.
                                                                                   J

Dated:      New York, New York                                oe            ALS
            August 16, 2012                              Jgéqueling     G. Veit




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