SUPREME COURT STATE OF NEW YORK
COUNTY OF NEW YORK
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350 BLEECKER STREET APARTMENT :
CORPORATION,
Plaintiff, : Index No. 113271/02
v.
:
KENNETH B. NEWMAN, indvidually and as
managing/general partner of BLEECKER :
CHARLES COMPANY AND KENNETH B.
NEWMAN REALTY COPR., :
Defendants
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KENNETH B. NEWMAN,
Defendants and Third-Party Plaintiff, :
v. Index No. 591057/02
:
MARK LILIEN AND JAMES D. KAFADAR
:
Third-Party Defendant Defendant
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BLEECKER CHARLES COMPANY, suing :
derivatively on behalf of 350 BLEECKER STREET
APARTMENT CORPORATION, : Index No. 101857/03
Plaintiff, : REQUEST FOR PRODUCTION
v. OF DOCUMENTS AND
MARK LILIEN AND JAMES D. KAFADAR : OTHER TANGIBLE THINGS
Defendants :
and
350 BLEECKER STREET APARTMENT :
CORPORATION,
:
Nominal Defendant.
:
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PLEASE TAKE NOTICE that, pursuant to CPLR 3120, 350 Bleecker Street Apartment Corporation, Mark Lilien and James D. Kafadar are required to produce at the offices of the undersigned at 1585 Broadway, New York, NY 10036 no later than April 21, 2003 the documents and other tangible things described in Schedule A annexed hereto.
Dated: New York, NY
March 11, 2003
PROSKAUER ROSE LLP
By: /s/ Dale A. Schreiber
Dale A. Schreiber
Attorneys for Bleecker Charles Company,
Kenneth B. Newman and Kenneth B.
Newman Realty Corp.
1585 Broadway
New York, NY 10036
(212) 969-3000
TO:
MITCHELL R. SCHRAGE & ASSOCIATES, PLLC
Attorneys for 350 Bleecker Street Apartment Corporation
126 East 56th Street
New York, NY 10022
(212) 758-9000
MANDEL RESNICK, DAISER MOSKOWITZ & GREENSTEIN P.C.
Attorneys for Mark Lilien and James D. Kafadar
220 East 42nd Street
New York, NY 10017
(212) 573-0000
Schedule A
I. As used herein, the following shall mean:
(a) "Documents" is used in the broadest sense of the term and includes, without limitation, any written, graphic or electronic matter of any kind or nature or any other means of perserving thought or expression (including recordings of all types), and all tangible things from which information can be transcribed, including originals, nonidentical copies, drafts and hard drives, disks and data bases.
(b) "The Co-op" means 350 Bleecker Street Apartment Corporation.
(c) "The Sponsor" means Bleecker Charles Company.
(d) "The Building" means the land and improvements located at 350 Bleecker Street in the City, County and State of New York.
(e) "Unit" means any apartment in the Building.
(f) "The Garage" means the parking garage in the Building.
(g) "The Act" means the Condominium and Cooperative Conversion Protection and Abuse Relief Act, 15 U.S.C. §§3601-3616.
(h) "The Garage Lease" means that potion of the Agreement of Lease dated as of July 31, 1985 between the Co-op, as landlord, and the Sponsor, as tenant, covering the Garage.
(i) "The 1999 Campaign" means any activity occurring between June 1, and June 24, 1999 relating in any way to the notice of meeting dated June 1, 1999 from Lilien to shareholders of the Co-op seeking to terminate the Garage Lease under the Act and any activity in preparation, whenever occurring, including but not limited to notices of meeting, proxies, ballots, proxy tally sheets, ballot tally sheets, communications with, between and/or among shareholders, officers and/or board members of the Co-op, material relating to any analysis of the 80/20 rule, material relating to, or any analysis or tabulation with respect to, the window period under the Act, contacts with attorneys and/or accountants with respect to the Act, the window period under the Act or the 80/20 rule, the withdrawal of any proxy, any expressed intention of any shareholder of the Co-op to vote for or against any resolution seeking termination of the Garage Lease under the Act, or any settlement proposal for resolving the dispute between the Co-op and the Sponsor regarding the Garage Lease ("Campaign Materials").
(j) "The 2000 Campaign" means any activity occurring between June 6, and June 27, 2000 relating in any way to the notice of meeting dated June 1, 2000 from Susan Kim to shareholders of the Co-op seeking to terminate the Garage Lease under the Act and any activity in preparation, whenever occurring, including but not limited to "Campaign Materials".
II. The following documents, as that term is defined above, shall be produced:
1. All proprietary leases and stock certificates that have ever been issued by the Co-op, whether or not currently in force, in the name of Lilien or Kafadar with respect to any Unit in the Building.
2. All wrtitings reflecting any request or demand by Lilien or Kafadar for the issuance of any proprietary lease or stock certificate reflecting any combination of contiguous Units in the Building any response or action taken in response thereto.
3. The closing binder for the last cooperative loan taken by Lilien on any Unit or Units owned by him in the Building.
4. The closing binder for the last cooperative loan taken by Kafadar on any Unit or Units owned by him in the Building.
5. Each alteration agreement to which Lilien or Kafadar was ever a party with regard to any Unit or Units in the Building.
6. All documents relating to any work done in any Unit or Units owned by Lilien or Kafadar to effect any physical combination of contiguous Units, including any application for any work permit submitted to the New York City Building Department, and contract with contractor, supplier or tradesperson.
7. Lilien's last professional resume.
8. Kafadar's last professional resume.
9. All documents received from James Samson, Jonathan Fink, and/or the law firm of Bangser Klein Rocca & Blum LLP (separately and collectively, "Samson") regarding the Act.
10. All documents that Lilien and/or Kafadar provided to Samson.
11. All documents that Lilien and/or Kafadar received from Samson.
12. All bills and invoices received by Lilien and/or Kafadar from Samson.
13. All documents reflecting any payment by Lilien and/or Kafadar to Samson.
14. Lilien's and/or Kafadar's federal income tax return for 1999 insofar as either claimed any deduction for any payment made to Samson.
15. All documents relating or referring to, or used in any way in connection with, the 1999 Campaign.
16. All documents relating or referring to, or used in any way in connection with, the 2000 Campaign.
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350 Bleecker Street Apartment Corp.
All rights reserved.