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Applicant(s) 2701 Associates, LLC V County of Nassau Barry v Hampton BB.

V City of New York 2018—12248 County of Nassau 2018-10079 2018-06295 Otis Hampton City ofNew York New York City Board of Education New York City Department of Education Berkemeyer V Mulligan 2018-1 12441 Gerald S. Berkemeyer Board of Managers of Fort Greene Partnership Homes Condominium V McKenzie 2018-08312 Philip L. McKenzie Brewster V Hess Corporation 2018-13901 Marion D. Brewster Burke V Completely Custom Construction, Inc. 2018-014641 Richard J. Burke Evelyn P. Burke January 11,2019

Home Depot USA, Inc. Lan Hua Jiang V Starwood Acupuncture, P.C. Matter of Knoeppel V New York State Department of Health Matter of Town of Brookhaven V Long Island Power Authority 2018-10402 Starwood Acupuncture, P.C. 2017-05901 Kristina Knoeppel 2018-06887 Town of Southampton Patrylo V Haynes 2018—10090 Noel Vidal Haynes Crest Transportation Services, Inc.

I APRILANNE AGOSTINO, Clerk of the Appellate Division of the Supreme Court, Secondludicial Department, do hereby certify thatl have compar this co with the original filedIn my office on thiscoil;IS acorrecttranscri8tion ofsaid origI'niatlAN 1 1 2m N WITNESS WHERERE I have hereunto set my hand and affixed Aprila e A stino Clerk of the Court thesealofthisCourtom 11 $.a W 1Denotes that application is made upon stipulation.

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V City of New York 2018-06295 City of New York New York City Board of Education New York City Department of Education Berkemeyer V Mulligan 2018-1 12441 Gerald S. Berkemeyer Board of Managers of Fort Greene Partnership Homes Condominium V McKenzie 2018-08312 Philip L. McKenzie Brewster V Hess Corporation 2018—13901 Marion D. Brewster Burke V Completely Custom Construction, Inc. 2018-014641 Richard J. Burke Evelyn P. Burke January 11,2019

Home Depot USA, Inc. Lan Hua Jiang V Starwood Acupuncture, P.C. 2018-10402 Starwood Acupuncture, P.C. Matter of Knoeppel V New York State Department of Health 2017-05901 Kristina Knoeppel Matter of Town of Brookhaven 2018-06887 Town of Southampton V Long Island Power Authority Patrylo V Haynes 2018—10090 Noel Vidal Haynes Crest Transportation Services, Inc.

I APRILANNE AGOSTINO, Clerk of the Appellate Drvrsron of the Suprem éourt, Secondludicial Department, do hereby certifythatl have compar this co with the original filed in my office on this 003; is a correct transcri tion of said originiailAN 1 1 2m IN WITNESS WHERE Flhave hereunto setmyhand and affixed thesealofthisCourtom 11 $z % .

41, April 6 A stino Clerk ofthe Court lDenotes that application is made upon stipulation.

DISTRIBUTION, INC. (f/k/a PBR BEVERAGE

The following papers read on this motion: Notice of Motion and Affidavit Affirmation in Opposition Reply Affirmation

As per letter dated September 21, 2018, as the first-party action in the above referenced matter has settled, the instant motion is moot.

referred to as "Stern"), plaintiff, Allan Martin Stem, (hereinafter The defendant/third-party moves for an order pursuant to CPLR ~3124 and ~3126 compelling the third-party defendants, Lattera Mosiello LLP and John Lattera, Esq., (hereinafter collectively referred to as "Lattera"), to provide complete and proper responses to its demand for the production of documents, an order declaring that the attorney client privilege does not apply to communications between Lattera, or any person acting on behalf of Lattera and Bhaveen Sapra, Pratap Sapra, or any employee, agent, or persona acting on behalf of Bruckner Beverage Distribution, Inc. f/k/a PBR Beverage Distribution, Inc., and an order of spoliation concerning the intentional, careless or negligent withholding and/or destruction of relevant documents and communications in this action, or in the alternative, permitting Stern's authorized computer forensic expert to impound, clone, and inspect certain computer equipment of Lattera to locate responsive documents and communications that have either been improperly withheld, lost, or destroyed and then appointing a receiver to perform in camera review of documents recovered to insure that there is no inadvertent disclosure of unrelated and privileged materia!.

This Court, by way of prior order dated May 21, 2018 ordered that Lattera shall provide this Court with its response to Stern's First Notice for Discovery and Inspection, and revised privilege log, as provided in Stern's motion as Exhibit "I", and provide this Court with its full response, for an in camera inspection within twenty (20) days of service ofthis order with notice of entry, and no later than July 20, 2018, and further ordered that Lattera shall provide this Court with an itemized privilege log and identitY which portions of the documents produced for an in camera review by the Court are subject to the privileges claimed by Lattera.

Lattera has complied with this Court's prior order of May 21, 2018.

Upon an in camera review by this Court, the documents inspected by this Court fall within the asserted attorney/client privilege and are not discoverable.

In light of the foregoing, it is hereby ORDERED that the instant motion is denied in its entirety.

willful and branches precedent, law or the factual by the Respondents whose arguments lack support under record contumacious abuses presented discovery to the IAS Court.

Provided as a courtesy by Appellate Innovations Issues Continued: Use Form B for Additional Appeal Information s Examples of a party's original status include: plaintiff, defendant, Fill in the name of each party to the action or proceeding, one Instructions: If this form is to be filed for an appeal, indicate the status of the respondent, claimant, defendant name per line.

Attorney/Firm Name: Anthony D. Green, Esq./ Winget Spadafora & Schwartzberg, LLP Address: 45 Broadway, 32 Floor City: New York Attorney Type: State:

that enclosed are true copies of the following Short Form Orders of the Supreme Court of the State of New York, County ofNassau, the by Honorable Thomas Feinman,

"Stern" The defendant/third-party to as "Stern"), referred Martin Allan (hereinafter plaintiff, Stern, moves of documents for an order responses and production written and proper complete compelling for and without limitation of either on the basis plaintiff's extensive, inspection, copying wholly improper of and Bruckner Beverage or any Bhaveen Sapra objections, defendants, third-party upon Distribution grounds unless premised objections on the Sapra's Inc., "Sapra), (collectively or work privilege attorney-client to be sufficiently supported by a proper privilege log, product, since Sapra failed to timely the issues to any discovery an order that to which object requests, issuing the information is relevant sought by this motion be deemed for purposes of the action shall resolved in favor of defendant, and an order an order plaintiff and Sapra from supporting issuing prohibiting or opposing or defenses, designated claims designated from producing things in evidence or items of or from with to issues certain respect the information witnesses as to which testimony, using sought by this motion is relevant.

Insurance 6 Real Property 7 Sales 8 Secured 9 Other ~ CPLR article 78 Proceeding O Special Proceeding Other 0 Habeas Corpus Proceeding ' ~ ~ ~ ~ ~ D. Domestic Relations 0 1 Adoption O 2 Attorney's Fees 0 3 Children - Support 0 4 Children - Custody/Visitation 0 5 Children - Terminate Parent- al Rights 6 Children - Abuse/Neglect O 7 Children - JD/PINS 0 8 Equitable Distribution 0 9 Exclusive Occupancy Residence 0 10 Expert's Fees O 11 Maintenance/Alimony 12 Marital Status O 13 Paternity 0 14 Spousal Support 0 15 Other of E. Miscellaneous Trust 0 1 Constructive 0 2 Debtor & Creditor 0 3 Declaratory Judgment 0 4 Election Law O 5 Notice of Claim l 0 6 Other 0 Transferred Proceeding 0 CPLR 5704 Review I. Torts 0 1 Assault, Battery, False Imprisonment 0 2 Conversion O 3 Defamation Fraud 0 5 Intentional Infliction of Emotional Distress 0 6 Interference with Contract 0 7 Malicious Prosecution/ Abuse of Process 8 Malpractice 9 Negligence 0 10 Nuisance O 11 Products Liability 0 12 Strict Liability 0 13 Trespass and/or Waste 0 14 Other J. Wills & Estates O 1 Accounting O 2 Discovery 0 3 Probate/Administration 0 4 Trusts O 5 Other ~ ~ lid Appeal 0 Original Proceedin ~~ F. Prisoners 0 1 Discipline Jail Time Calculation 0 2 0 3 Parole 0 4 Other G. Real Property 0 1 Condemnation O 2 Determine Title 0 3 Easements 0 4 Environmental Liens 0 5 0 6 Mortgages 0 7 Partition 0 8 Rent 0 9 Taxation 0 10 Zoning O 11 Other H. Statutory 0 1 City of Mount Vernon Charter lili 120, 127-f, or 0 2 Eminent Domain Proced- ure Law li 207 O 3 General Municipal § 712 Labor Law li 220 O 5 Public Service Law lili 128 or 170 6 Other Law - - Form A RADI Civil WWW.

If this form is to be filed with the notice of petition or order the box represents herself or himself, to show cause by which a special proceeding is to be commenced in the marked "Pro Se" must be checked and the appropriate information for that litigant must be supplied in the spaces provided.

that enclosed are true copies of the following Short Form Orders of the Supreme Court of the State of New York, County of Nassau, the by Honorable Thomas Feinman,

05/23/2018 "Stern" to as "Stern"), referred Allan Martin (hereinafter The defendant/third-party plaintiff, Stern, of documents moves and production for an order responses and proper written complete compelling for of either limitation on the basis and plaintiffs without extensive, inspection, wholly copying Beverage and Bruckner or of Bhaveen Sapra improper objections, defendants, any third-party upon premised Distribution on the grounds objections unless Sapra's "Sapra), Inc., (collectively privilege or work to be sufficiently supported by a proper privilege attorney-client log, product, the issues to which since Sapra failed an order to timely to any discovery that object requests, issuing the information of is relevant sought shall be deemed for purposes the action by this motion resolved in favor of defendant, and an order from supporting an order plaintiff and Sapra prohibiting issuing or opposing designated or defenses, things or items from producing in evidence designated claims of the information from witnesses with respect to issues as to which or certain testimony, using sought by this motion submits is relevant.

Notwithstanding that he has provided after the sale funds itemized to the objected to documentation as it relates to decipher what Stern the plaintiff demands, the expenditure regarding is has Upon the foregoing, it is hereby

Mr. Stern also appeals from the Order, to the extent that it found Sanchez met in good faith before filing the subject motion.

Third-Party DateNoticeof AppealFiled For Appellate Division O Transferred Proceeding O CPLR 5704 Review of ' ~ I. Torts O 1 Assault, Battery, False Imprisonment O 2 Conversion O 3 Defamation Fraud

Insurance O 6 Real Property O 7 Sales O 8 Secured farl9 Other of E. Miscellaneous Trust O 1 Constructive O 2 Debtor & Creditor O 3 Declaratory Judgment O 4 Election Law O 5 Notice of Claim O 6 Other - - Form A RADI Civil

that enclosed are true copies of the following Short Form Orders of the Supreme Court of the State of New York, County of Nassau, the by Honorable Thomas Feinman,

"Stern" The defendant/third-party to as "Stern"), referred Allan Martin (hereinafter plaintiff, Stern, moves of documents for an order and production and proper written complete responses compelling for and of either without limitation on the basis plaintiff's extensive, inspection, copying wholly improper of and Bruckner Beverage or any Bhaveen Sapra objections, defendants, third-party Distribution on the grounds unless premised upon Sapra's objections Inc., "Sapra), (collectively or work to be sufficiently attorney-client privilege supported by a proper privilege log, product, since Sapra failed to timely to any discovery an order that the issues to which object requests, issuing the information sought by this motion be deemed of is relevant shall resolved for purposes the action in favor of defendant, and an order an order plaintiff from supporting and Sapra issuing prohibiting or opposing or defenses, designated claims from producing in evidence designated things or items of or from with certain witnesses respect to issues as to which the information testimony, using sought by this motion is relevant.