Vivek Suri, Esq.

Attorneys for Defendants

42 West 38th Street
Suite 1002
New York, NY 10018
T: 212.537.6936
E: lawyer@surilawoffice.com

UNITED STATES DISTRICT COURT Docket # 13794-2020(BRM) (JAD)

DISTRICT OF NEW JERSEY
---------------------------------------------------------------X DEFENDANTS’ FIRST
99 SECOND REALTY, LLC REQUEST FOR
Plaintiffs PRODUCTION OF
v. DOCUMENTS

1. 187 PINE STREET ASSOCIATES, LLC

2. AJIT BAINS
3. DALJIT BAINS
JOHN DOE "1" through "JOHN DOE "10"
both inclusive; Defendants JOHN DOE ""1"
through JOHN DOE "10" regardless of
number being each a separate Defendant and
being fictitious and unknown to the Plaintiff
the persons or parties intended being the tenants,
occupants, persons or corporations, if any,
having or claiming an interest in or lien upon
the premises described in the complaint;
Defendant(s)
----------------------------------------------------------------X

COUNSEL:

PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure and the
Local Rules Plaintiff is required to produce the documents specified herein and permit counsel
for Defendants to inspect the documents within thirty days of the service of this demand.

DEFINITIONS

“Communication” means the transmittal of information (in the form of facts, ideas, inquiries or
otherwise), whether by letter, memorandum, e-mail, or other writing, or whether orally, in person
or by telephone.

“Document” shall mean any written, recorded, reprography or other matter, whether produced,
reproduced, or stored on paper, cards, tapes, discs, belts, charts, film, computer storage devices,
e-mail, or any other medium (including, but not limited to, matter in the form of books, manuals,
resolutions, minutes, reports, studies, statements, notebooks, applications, agreements,
appointment calendars, working papers, graphs, contracts, memoranda, notes, records,
correspondence, diaries, bookkeeping entries, regulations, or any published materials), and also
includes, but is not limited to, originals, copies (with or without notes or changes thereon), and
drafts.

“Discussion” shall mean any live communication between two or more individuals whether in
person or by telephone.

“Concerning” shall mean relating to, referring to, describing, evidencing or constituting.

“Plaintiff” means 99 SECOND AVENUE REALTY, LLC

“Defendants” means 187 PINE STREET ASSOCIATES, LLC, AJIT BAINS, DALJIT BAINS

The terms “all” and “each” shall be construed as all and each.

The connectives “and” and “or” shall be construed either disjunctively or conjunctively as
necessary to bring within the scope of the discovery request all responses that might otherwise be
construed to be outside of its scope.

The use of the singular form of any word includes the plural and vice versa.

GENERAL INSTRUCTIONS

A. Unless otherwise required for a complete answer, all document requests relate to the period
from January 1, 2014 to the present.

B. This document request is deemed continuing in nature. Each response is to be complete and
accurate as of the time the response is given, and if for any reason, subsequent to the time a
response hereto is given, that response ceases to be complete and accurate, a supplemental
response is required which makes the response again complete and accurate.

C. Unless otherwise specified, each document request referring to a communication, discussion,

or meeting means a communication, discussion, or meeting including Plaintiff or a representative
or representatives thereof.

D. Where a claim of privilege is asserted in objecting to any document request, or sub-part

thereof, and a response is not provided on the basis of such assertion,

(i) the attorney asserting the privilege shall in the objection to the document demand, or sub-part
thereof, identify the nature of the privilege (including work product) which is being claimed and
if the privilege is being asserted in connection with a claim or defense governed by state law,
indicate the state’s privilege rule being invoked; and

(ii) the following information shall be provided in the objection, unless divulgence of such
information would cause disclosure of the allegedly privileged information.
(a) for documents: (1) the type of document; (2) general subject matter of the document; (3) the
date of the document; and (4) such other information as is sufficient to identify the document for
a subpoena duces tecum, including, where appropriate, the author of the document, the addressee
of the document, and, where not apparent, the relationship of the author and addressee to each
other;
(b) for oral communications: (1) the name of the person making the communication and the
names of persons present while the communication was made and, where not apparent, the
relationship of the persons present to the person making the communication;

(2) the date and place of communication; and (3) the general subject matter of the
communication.

E. Failure to provide information in response to these document requests will be deemed a

waiver of Plaintiff’s right to produce such evidence at trial. Defendant will move to preclude the
introduction of any evidence not identified in response to these document requests.

F. In the event that Plaintiff is not in possession of any information requested, Defendant request
that Plaintiff take all appropriate steps to aid in the recovery of the information from other
sources, including but not limited to providing authorizations, waivers or releases, where
required.

G. Where an objection is made to any document request, or sub-part thereof, the objection shall
state with specificity all grounds. Any ground not stated in an objection within the time provided
by the CPLR, or any extensions thereof, shall be waived.

REQUEST FOR PRODUCTION OF DOCUMENTS

1. True copies of all agreements and contracts entered into between the Plaintiff and the
Defendants.

2. True copies of all letters, correspondence, notices, communications, and writings between
the Plaintiff and the Defendants.

3. All documents relating to the landlord tenant action captioned 99 Second Avenue Realty,
LLC v. BLCH I, LLC – Index # L&T 60272-2013 that was filed by plaintiff in NYC
Housing Court.

4. All documents relating to the formation and existence of plaintiff 99 Second Avenue
Realty, LLC including but not limited to certificate of formation, operating agreement,
and tax returns from 2015 to 2020.

5. All account statements sent by plaintiff 99 Second Avenue Realty, LLC to either BLCH
I, LLC or defendants 187 Pine Street Realty, LLC, Ajit Bains or Daljit Bains from 2016
to present.
6. All bank statements showing payments received by plaintiff from any person or entity
pursuant to the stipulation of settlement of the landlord tenant action captioned 99 Second
Avenue Realty, LLC v. BLCH I, LLC – Index # L&T 60272-2013.

7. All bank statements showing payments received by plaintiff from any person or entity
pursuant for the rent for the premises located at 99 Second Avenue, New York, New
York.

8. All documents relating to communications between plaintiff or any of its members or

member George Levian and any of the defendants from 2016 to present.

9. All documents relating to communications between plaintiff’s lawyer Jay L. Yackow,

Esq. and any of the defendants from 2016 to present.

10. All documents relating to the drafting, signing, and filing of the mortgages attached to the
complaint as Exhibit 2 and Exhibit 3.

11. All documents to be used at trial by the plaintiff dealing with the subject matter contained
in the plaintiff’s complaint.

12. All documents to be used at trial by the plaintiff dealing with the subject matter contained
in the defendant’s answer.

13. All documents identified by the plaintiff in its initial Rule 26 disclosure.

Dated: New York, New York

December 15, 2020

/s/ Vivek Suri

Vivek Suri, Esq.

To: Feldman & Associates, LLP

Edward Feldman, Esq.
570 Grand Avenue
Englewood, NJ 07960
E: edward@feldmanesqs.com
T: 212-685-2277 ext 3
NJ Tel: 201-645-4559
F: 212-725-2798
Attorneys for Plaintiff