INDEX NO. 151749/2016
`FILED: RICHMOND COUNTY CLERK 03/26/2017 07:45 PM
`FILED‘: RICHMOND COUNTY CLERK 03m2017 07:45 PM ,
`INDEX NO' 151749/2016
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`NYSCEF DOC. NO. 11
`RECEIVED NYSCEF: 03/26/2017
`NYSCEF DOC. NO. 11
`.
`RaCaIVaD VYSCEF: 03/26/2017
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`................................... X
`
`Robert S. Larson,
`
`Plaintiff,
`
`.
`
`Defendant.
`
`-against-
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`Wesley Smith a/k/a
`Wesley A. Smith,
`
`and
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`Kirsten Larson,
`
`Additional Counterclaim Defendant.
`................................... X
`
`Index No.
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`151749/2016
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`Notice to Take
`Deposition Upon
`Oral Examination
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`PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, the testimony upon
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`oral examination will be taken of defendant Wesley Smith, whose address is 8 Peter
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`Cooper Road, Apt. 1A, New York, NY 10010, before a notary public who is not an
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`attorney or employee of an attorney for any party or prospective party herein and
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`is not a person who would be disqualified to act as a juror because of interest or
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`because of consanguinity or affinity to any party herein, at the Courthouse located
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`at 26 Central Avenue, Staten Island, NY 10301 at 10:00 am. on April 27, 2017,
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`with respect to evidence material and necessary in the prosecution or defense of this
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`action; and
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`PLEASE TAKE FURTHER NOTICE that the said person to be examined is
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`required to produce at such examination the items set forth on the annexed Rider.
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`Dated:
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`Staten Island, New York
`March 23, 2017
`
`TO: Borg Law LLP
`Attorney for Defendant
`370 Lexington Avenue - Ste. 800
`New York, NY 10017
`917-495-4790
`
`Robert S. Larson
`Attorney for Plaintiff,
`Counterclaim Defendant and
`Plaintiff Pro Se
`803 Jewett Avenue
`Staten Island, NY 10314
`Tel: 718-490-3664
`Fax: 718-273-6937
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`FILED: RICHMOND COUNTY CLERK 03/26/2017 07:45 PM
`FILED: RICHMOND COUNTY CLERK 03m2017 07:45 PM
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`NYSCI
`3F DOC. NO. 11
`NYSCEF DOC. NO. 11
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`INDEX NO. 151749/2016
`INDEX NO~ 151749/2016
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`RaCaIVaD VYSCEF: 03/26/2017
`RECEIVED NYSCEF: 03/26/2017
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`
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`RIDER TO AND MADE A PART OF NOTICE TO
`TAKE DEPOSITION UPON ORAL EXAMINATION
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`Note: You are designated as the "witness" herein.
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`No_t_e: All of the following requested items are for the period beginning January I,
`2005 and ending on the date of the deposition or any adjourned date, unless
`otherwise noted:
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`I.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`and
`All federal, state and city income, gift, estate, fiduciary tax returns
`declarations prepared and/or filed by or on behalf of the witness and for all
`businesses, trusts, partnerships, corporations and venturesin which the witness
`has or has had an interest,
`together with all
`IRS W- 2 and 1099 forms,
`schedules and work sheets thereof and all papers, documents and records
`pertaining to any changes, audits and amendments thereof.
`
`Records of all earnings, receipts of money and income (tax reportable or
`not) in which the witness has or had an interest, including but not limitedto
`salaries, wages, drawings,commissions, capitaldistributions,bonuses, pensions,
`retirement funds, reimburse and reimbursable expenses,
`partnership
`and
`venture income and distributions.
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`All passbooks, certificates, statements and records for all funds in which the
`witness has or has had an interest and held by a financial, savings and loan or
`banking institution, credit union,
`insurance company, securities broker,
`investment house or any other entity, within the United States or elsewhere,
`irrespective of whether the same are current or closed.
`
`bank
`checks,
`cancelled
`registers,
`checkbook
`stubs,
`checkbook
`All
`statements and duplicate deposit tickets for all accounts for which the witness
`has or has had the power to sign checks (singly or with others) or in which the
`witness has or has had an interest, irrespective of whether said accounts are
`current or closed.
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`Stock certificates, bonds, notes and other securities and statements and other
`records pertaining thereto (including but not limited to tax- exempt bonds and
`securities and foreign bonds and securities) purchased, sold, traded or held by
`the witness (singly or with others) or in which the witness has or has had an
`interest.
`
`and
`contracts
`employment
`proposed
`and
`past
`current,
`All
`agreements for providing services of the witness and of any other business,
`partnership, corporation or other entity in which the witness has or has had an
`interest.
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`Deeds, contracts, closing statements, leases, agreements and papers of all kinds
`pertaining to real property and interests in real property in which witness has
`considered acquiring or has had a beneficial or legal interest, whether in the
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`FILED: RICHMOND COUNTY CLERK 03/26/2017 07:45 PM
`FILED: RICHMOND COUNTY CLERK 03m2017 07:45 PM
`
`NYSCEF DOC. NO. 11
`‘
`NYSCEF DOC. NO. 11
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`INDEX NO. 151749/2016
`INDEX NO~ 151749/2016
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`
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`
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`RaCaIVaD VYSCEF: 03/26/2017
`RECEIVED NYSCEF: 03/26/2017
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`State of New York or elsewhere.
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`8.
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`9.
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`10.
`
`ll.
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`records and papers relating to all
`tax returns,
`Statements, agreements,
`retirement, profit--sharing, pension and savings plans, 401- K plans, stock
`options, annuities, lRA’s and tax shelters and any form of deferred income in
`which the witness has or has had an interest, irrespective of whether the same
`are current or terminated.
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`All policies of insurance covering the witness or in which the witness has or has
`had an interest,
`including but not
`limited to life, endowment, annuity,
`homeowners’
`theft,
`floater, personal property,
`liability and automobile
`policies, and all records showing payment of premiums and values thereof,
`irrespective of whether the same are current or expired.
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`Records and papers relating to all loans, obligations and indebtedness of any
`kind for which the witness has or has had a direct or contingent liability,
`including but not
`limited to loan and credit applications and financial
`statements, disclosure statements and payment records.
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`Records, Vouchers and statements for all charge and credit accounts in the
`name of the witness or for which the witness has charge or credit privileges or
`any liability within the United States or elsewhere.
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`12.
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`Records and diaries of family and personal living expenses of the witness.
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`13.
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`14.
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`Books and records of all businesses and enterprises in which the witness has or
`has had an interest.
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`Copies of all balance sheets and operating statements of any corporation in
`which the witness was or is an owner or holder of more than ten percent of the
`outstanding stock or was or is entitled to more than ten percent of the profits
`or revenues.
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`15. With respect to such corporation, partnership, venture, business or syndicate:
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`(a)
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`(b)
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`all agreements to which the witness is a party,
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`loan, personal expense, disbursement and receipt accounts and
`all
`ledgers with respect to the witness;
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`(c)
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`cash receipts journal;
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`(d)
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`cash disbursement journal;
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`(e)
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`general
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`ledger;
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`(f)
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`accounts payable ledger;
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`(g)
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`accounts receivable ledger;
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`(h)
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`all financial records supporting the entries in the above- mentioned books
`of account,
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`FILED: RICHMOND COUNTY CLERK 03/26/2017 07:45 PM
`FILED: RICHMOND COUNTY CLERK 03m2017 07:45 PM
`
`NYSCEF DOC. NO. 11
`NYSCEF DOC. NO. 11
`
`INDEX NO. 151749/2016
`INDEX NO~ 151749/2016
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`
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`RaCaIVaD VYSCEF: 03/26/2017
`RECEIVED NYSCEF: 03/26/2017
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`(l)
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`(j)
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`copies of all sales tax returns, including amendments and changes;
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`records of all insurance policies owned or maintained by such entity.
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`16. All records of membership in and contributions and payments to any charitable
`organization or association,
`including but not
`limited to private and
`professional clubs or associations,
`in which the witness has or has had any
`interest or dealings.
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`l7.
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`Leases, contract, bills and any other record pertaining to any safe deposit box
`or vault and other depositories in the name of the witness, singly or with
`others, or for which the witness has or has had power of entry.
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`18.
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`Personal and business diaries of the witness and any business enterprise ‘or
`venture in which the witness has or has had an interest.
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`19. All bill for carrying charges (mortgage, rent, taxes, etc.) and all utility bills for
`the marital residence/and or residence of the defendant and counterclaim
`defendant, past and present, and, if different, the present residence of the
`witness, including but not limited to telephone, cable, electric, heating fuel
`and gas bills. Bills of sale,
`invoices, cancelled checks, statements,
`receipts
`and any other
`records pertaining to goods and merchandise purchased for
`resale or for use by the witness in excess of $1,000, in which the witness has
`or has had an interest.
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`20.
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`Receipts, statements, invoices, bills of sale and all other records reflecting the
`sale of goods or services by the witness or by any partnership, business or
`venture in which the witness has or has had an interest.
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`reflecting
`records
`itineraries and all other
`tickets,
`receipts,
`Zl . Contracts,
`vacations and travel by the witness, for business or for pleasure, singly or with
`others.
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`judgments, pleadings, complaints, summonses and all other
`22. Copies of all
`records and papers concerning or pertaining to lawsuits in which the witness
`was or is a witness or a party (other than the within action).
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`23.
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`Copies of all powers of attorney to which the witness was or is a principal or
`agent.
`'
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`Note: All of the following requested items are for the period beginning lanuary l,
`2005 and ending on the date of the deposition or any adiourned date, unless
`otherwise noted.
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`24. All income, gift, estate, fiduciary, sales and other tax returns with attachments
`filed by or on behalf of the witness in any foreign country.
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`25. An itemized listing of al jewelry, stamps, furnishings, coins, china, silverware,
`glassware, collections, gold and other precious metals of the witness or in
`which the witness has or has had an interest,
`together with all appraisals,
`receipts and other evidence of purchase and/or value.
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`FILED: RICHMOND COUNTY CLERK 03/26/2017 07:45 PM
`FILED: RICHMOND COUNTY CLERK 03m2017 07:45 PM
`
`NYSCEF DOC. NO. 11
`NYSCEF DOC. NO. 11
`
`INDEX NO. 151749/2016
`INDEX NO~ 151749/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 03/26/2017
`RECEIVED NYSCEF: 03/26/2017
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`
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`26.
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`in which the
`Records of all patents and copyrights, granted or applied for,
`limited
`to
`witness has or has had
`an
`interest,
`including
`but
`not
`applications, copyrights, patents, royalties, payments,
`records of expenses
`relating thereto, agreements, correspondence, memoranda, notes, drawings,
`sketches, manuscripts and grants of rights therein.
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`27.
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`trust agreements, statements and accountings regarding any
`Copies of all
`property or money held in trust for the benefit of the witness at any time or
`for which the witness was or is a trustee or a beneficiary.
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`28.
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`The current and prior Last Will and Testament of the witness.
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`29.
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`Copies of all written agreements between the parties.
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`30. All writings, documents and papers evidencing the defendant’s right to occupy
`the premiss known as 8 Peter Cooper Road, Apt. 1A, New York, NY 10010,
`including but not limited to, leases, applications for leases, renewal leases, and
`all other communications with the owner of ”Smith’s premises”, beginning with
`the first occupancy of ”Smith’s premises” to the date of the response to this
`Notice.
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`INDEX NO. 151749/2016
`FILED: RICHMOND COUNTY CLERK 03/26/2017 07:45 PM
`3X NQ~ 151749/‘2016 ,
`- FILED RICHMOND COUNTY CLERK 03m2017 07:45 PM‘
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`RECEIVED NYSCEF: 03/26/2017
`NYSCEF DOC. NO. 11
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`“Ysc'ffifim‘if'mld 151749/2016
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`.I
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`2 EF‘ 0376/20 7
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`' Robert S. Larson,
`
`V ”Wesley Smith, a/k/a
`Wesley A. Smith,
`‘
`
`Kirsten Larson,
`
`-against-
`
`Plaintiffs,
`
`.
`.
`Defendants.
`
`Additional Counterclaim Defendant
`
`NOTICE TO TAKE DEPOSITION
`UPON ORAL EXAMINATION
`
`Robert S. Larson _
`803 Jewett Avenue
`-
`State Island, New York 10314
`Telephone: (718) 490-3664
`Attorney for Plaintiff and
`Plaintiff Pro Se and Additional Counterclaim Defendant
`
`Pursuant to 22 NYCRRr130-1.1. the undersigned, an attorney admitted to practice in the courts of
`New York State, certifies that, upon information and belief and reasOnable inquiry, the contentions
`_ contained in the annexed document are not frivolous.
`
`Staten Island, New York
`I
`
`Dated:
`,Signatye/f’
`Print Name
`Robert S. Larson
`
`A
`
`Admission of Service on
`Attorney for
`
`Yours, etc.
`
`Robert S. Larson
`
`.803 J ewett Avenue
`State Island, New York 10314
`Telephone: 718.490—3664
`Attorney for Plaintiff and
`Plaintiff Pro Se and Additional
`Counterclaim Defendant
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`6 of 6
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