FILED: RICHMOND COUNTY CLERK 12/26/2022 12:02 PM
`NYSCEF DOC. NO. 13
`
`INDEX NO. 135292/2022
`
`RECEIVED NYSCEF: 12/26/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`
` X
`SANTANDER BANK, NA.,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`MADELYN C. SABBATINO, et al.,
`
`
`
`
`
`
`
`
`
`
`
`Index No. 135292/2022
`
`X
`
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`DEFENDANT’S FIRST REQUEST FOR
`THE PRODUCTION OF DOCUMENTS
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and
`
`Rules Defendant Madelyn C. Sabbatino (“Defendant”) hereby demands that Plaintiff produce for
`
`inspection and copying or provide certified copies on or before February 27, 2023, at the law
`
`office of Richard A. Rosenzweig, Esq., P.C., 57 Beach Street, 3rd Floor, Staten Island, NY
`
`10304, all of the documents in its possession, custody, or control, described herein.
`
`DEFINITIONS
`
`1. These definitions and instructions form an integral part of this Demand for Discovery and
`
`Inspection (the “Demand”).
`
`2. Unless otherwise stated, the terms set forth below are defined as follows:
`
`(a) “Document” or “Documents” shall mean any written, typed, or otherwise
`
`preserved communication, including, but not limited to, any letter, correspondence,
`
`telex, telecopy, telegram, facsimile, note, book, pamphlet, article, bulletin, directive,
`
`review, report, plan, design, diagram, blue print, publication, memorandum (internal
`
`or otherwise), diary, log, e-mail, electronic transmission, test, analysis, study,
`
`projection, survey, check, invoice, receipt, bill, purchase order, shipping order,
`
`1 of 6
`
`
`NYSCEF DOC. NO. 13
`
`INDEX NO. 135292/2022
`
`RECEIVED NYSCEF: 12/26/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`
` X
`SANTANDER BANK, NA.,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`MADELYN C. SABBATINO, et al.,
`
`
`
`
`
`
`
`
`
`
`
`Index No. 135292/2022
`
`X
`
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`DEFENDANT’S FIRST REQUEST FOR
`THE PRODUCTION OF DOCUMENTS
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and
`
`Rules Defendant Madelyn C. Sabbatino (“Defendant”) hereby demands that Plaintiff produce for
`
`inspection and copying or provide certified copies on or before February 27, 2023, at the law
`
`office of Richard A. Rosenzweig, Esq., P.C., 57 Beach Street, 3rd Floor, Staten Island, NY
`
`10304, all of the documents in its possession, custody, or control, described herein.
`
`DEFINITIONS
`
`1. These definitions and instructions form an integral part of this Demand for Discovery and
`
`Inspection (the “Demand”).
`
`2. Unless otherwise stated, the terms set forth below are defined as follows:
`
`(a) “Document” or “Documents” shall mean any written, typed, or otherwise
`
`preserved communication, including, but not limited to, any letter, correspondence,
`
`telex, telecopy, telegram, facsimile, note, book, pamphlet, article, bulletin, directive,
`
`review, report, plan, design, diagram, blue print, publication, memorandum (internal
`
`or otherwise), diary, log, e-mail, electronic transmission, test, analysis, study,
`
`projection, survey, check, invoice, receipt, bill, purchase order, shipping order,
`
`1 of 6
`
`
`
`FILED: RICHMOND COUNTY CLERK 12/26/2022 12:02 PM
`NYSCEF DOC. NO. 13
`
`INDEX NO. 135292/2022
`
`RECEIVED NYSCEF: 12/26/2022
`
`contract, lease agreement, paper, calendar, envelope, telephone message, telephone
`
`record, tape, computer tape, computer disk, compact disks, computer card, recording,
`
`videotape, film, microfilm, microfiche, drawing, account, ledger, statement, financial
`
`data, and all other writings or communications, including all non-identical copies,
`
`drafts, plans, preliminary sketches, preliminary reports, no matter how produced or
`
`maintained, in your actual or constructive possession, custody or control, or the
`
`existence of which you have knowledge, and whether prepared, published or released
`
`by you or by any other persons on your behalf. “Document” or “Documents” include
`
`the file and the folder tabs associated with each aforesaid original and/or copy, or oral
`
`correspondence transmitting such document or explaining or commenting on the
`
`contents thereof, and working or supporting papers.
`
`(b) “Concerning” shall mean consisting of, relating, referring to, reflecting,
`
`discussing, commenting on, supporting, or refuting.
`
`(c) “Any” includes the world “all” and vice-versa.
`
`(d) “Communication” shall mean the transfer from one person to another person
`
`of any information, thoughts, expressions, and any other matter or material which is
`
`capable of being communicated. A “Communication” may take the form of both a
`
`written communication and an oral communication, and for purposes of this Demand,
`
`they are to be considered as distinct communications and treated separately.
`
`(e) “Plaintiff” shall mean the Plaintiff named above and any person
`
`or entity acting or purporting to act on its behalf.
`
`2 of 6
`
`
`
`FILED: RICHMOND COUNTY CLERK 12/26/2022 12:02 PM
`NYSCEF DOC. NO. 13
`
`INDEX NO. 135292/2022
`
`RECEIVED NYSCEF: 12/26/2022
`
`(f) “Person” or “Persons” shall mean and include any individual, corporation,
`
`organization, association, partnership, limited partnership, firm, joint venture,
`
`governmental body, agency, department or division, or any other organization, group
`
`or legal entity.
`
`INSTRUCTIONS
`
`When responding to this Demand, you are requested to respond in writing and state as to
`
`each of the requests:
`
`1. That there are such Documents and that they will be produced;
`
`2. That there are such Documents but that you refuse to produce them because of a
`
`claim of privilege, or for some other reason; or
`
`3. That the Documents requested do not exist.
`
`4. In the event that any Document called for by this Demand is withheld on the basis of
`
`a claim of privilege, that document is to be identified as follows: author, addressee,
`
`indicated or blind copy recipient, date, subject matter, number of pages, attachment or
`
`appendices, all persons to whom distributed, shown or explained, present custodian,
`
`and the nature of the privileged asserted.
`
`5. In the event that any Document called for by this Request has been destroyed,
`
`discarded, or otherwise disposed of, that Document is to be identified as completely
`
`as possible, including, without limitation, the following information: author,
`
`addressee, indicated or blind copy recipient, date, subject matter, date of disposal,
`
`reason for disposal, person authorizing the disposal, and person disposing of the
`
`Document.
`
`3 of 6
`
`
`
`FILED: RICHMOND COUNTY CLERK 12/26/2022 12:02 PM
`NYSCEF DOC. NO. 13
`
`INDEX NO. 135292/2022
`
`RECEIVED NYSCEF: 12/26/2022
`
`6. In the event that any information is redacted from a Document produced pursuant to
`
`this Demand, that information is to be identified and the basis upon which such
`
`information is redacted must be offered.
`
`7. In the event that any Document called for by this Demand no longer exists but which
`
`you are aware existed at one time, identify such Document(s) in the same manner as
`
`indicated in the previous paragraph; in addition, identify its (their) last known
`
`location and the reason each is no longer in existence.
`
`8. This Demand shall be deemed continuing so as to require you to produce additional
`
`Documents in a prompt manner if such Documents are obtained by you between the
`
`time that you respond to this Demand and the time of trial.
`
`9. At the time and place that you produce the Documents requested herein, you are
`
`requested to produce them in the same order as you maintain them in the ordinary
`
`course of business.
`
`DOCUMENTS AND INFORMATION REQUESTED
`
`1.
`
`All Documents and Communications Concerning the loan which is the subject of this
`
`action.
`
`2.
`
`All Communications, correspondence, statements, affidavits, and notices regarding
`
`payments made by Defendants to Plaintiff.
`
`All Documents concerning default and acceleration notices sent to Defendants.
`
`All Documents upon which Plaintiff will rely at trial.
`
`All memos, notes and emails in which the subject loan was mentioned.
`
`The original promissory note.
`
`3.
`
`4.
`
`5.
`
`6.
`
`4 of 6
`
`
`
`FILED: RICHMOND COUNTY CLERK 12/26/2022 12:02 PM
`NYSCEF DOC. NO. 13
`
`INDEX NO. 135292/2022
`
`RECEIVED NYSCEF: 12/26/2022
`
`7.
`
`8.
`
`9.
`
`All Documents Concerning the servicing of the subject loan.
`
`All Documents Concerning the sale of the subject loan.
`
`All Documents Concerning the transfer and negotiation of the subject note and mortgage.
`
`10.
`
`All Documents Concerning the appraisal of the property which is the subject of this
`
`action.
`
`11.
`
`All documents concerning Plaintiff’s calculation of damages.
`
`12.
`
`All disclosures signed by Defendants in connection with the subject loan.
`
`13.
`
`All Documents Concerning compliance with all pre-foreclosure notices and filing
`
`requirements.
`
`14.
`
`All assignments, allonges, endorsements, and evidence of signatory authority to sign all
`
`Documents of assignment.
`
`15.
`
`All Documents Concerning disclosures provided to Defendants prior to consummation of
`
`the subject loan.
`
`16.
`
`All Documents Concerning filings with the superintendent of Banking and NYC Housing
`
`Preservation Department.
`
`17.
`
`All Documents Concerning the authority of those endorsing the note, allonges and
`
`assignments.
`
`Dated: Staten Island, New York
`
`December 26, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Richard A. Rosenzweig, Esq. P.C.
`
`
` By: Richard A. Rosenzweig s/
` Richard A. Rosenzweig, Esq.
` 57 Beach Street, 3rd Floor
` Staten Island, NY 10304
` 917-301-1868
`
`
`
`
`
`
`
`
`
`5 of 6
`
`
`
`FILED: RICHMOND COUNTY CLERK 12/26/2022 12:02 PM
`___________
` ____ ________
`Index No. 135292/22
`NYSCEF DOC. NO. 13
`PLEASE take notice that the within is a (certified)
`SUPREME COURT OF THE STATE OF NEW YORK
`true copy of a
`
`COUNTY OF RICHMOND_______________________ __
`SANTANDER BANK, NA.,
`duly entered in the office of the clerk of the within
`
`INDEX NO. 135292/2022
`
`RECEIVED NYSCEF: 12/26/2022
`
`Dated,
`
`Attorneys for
`
`Attorney(s) for
`
`Yours, etc.,
`
`-against-
`
`Plaintiff,
`
`RICHARD A. ROSENZWEIG, ESQ.
`Plaintiff
`Office and Post Office Address
`57 Beach Street, 3rd Floor
`Staten Island, New York 10304
`
`MADELYN C. SABBATINO, et al.,
`
`Defendants.
`_________________________________________________
`DEFENDANT'S FIRST REQUEST
`FOR THE PRODUCTION OF DOCUMETS
`
`PLEASE take notice that an order
`
`Signature (Rule 130-1.1a)
`
`of which the within is a true copy will be presented
`
`one of the judges of the within named Court, at
`
`Richard A. Rosenzweig, Esq.
`_____________________________________________
`
` _
`
`Dated,
`
`Attorneys for
`
`Yours, etc.
`RICHARD A. ROSENZWEIG, ESQ.
`
`Office and Post Office Address
`57 Beach Street, 3RD Floor
`Staten Island, NY 10304
`
` RICHARD A. ROSENZWEIG, ESQ.
`Office and Post Office Address, Telephone
` 57 BEACH STREET, 3RD FLOOR
`STATEN ISLAND, NEW YORK 10314
`917-301-1868
`__________
`
` ____
`
`________
`To
`
`Attorney(s) for
`_____________________________________________
`Service of a copy of the within is hereby admitted.
`Dated
`
` _
`
` _
`
`To
`Attorney(s) for
`
`…………………………………………
`Attorney(s) for
`______________________________________________ _
`
`6 of 6
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
