FILED: NEW YORK COUNTY CLERK 05/02/ :26 PM INDEX NO /2015 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 05/02/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X KAMCO SUPPLY CORP., on behalf of itself all other persons similarly situated Index No as trust fund beneficiaries of Lien Law trusts of which Nastasi & Associates, Inc., is a trustee, PLAINTIFF'S SECOND SET OF INTERROGATORIES TO Plaintiff, DEFENDANTS, NASTASI & ASSOCIATES, INC. -against- AND ANTHONY J. NASTASI NASTASI & ASSOCIATES, INC., J.T. MAGEN & COMPANY INC., LIBERTY MUTUAL INSURANCE COMPANY, ANTHONY J. NASTASI AND "JOHN DOE ONE" THROUGH "JOHN DOE TEN", Defendants X Pursuant to CPLR Article 31 et seq., plaintiff, Kamco Supply Corp. (hereinafter "Kamco"), hereby requests that defendants, NASTASI & ASSOCIATES, INC. ANTHONY J. NASTASI, answer under Oath, within twenty (20) days of service hereof, the following Interrogatories. DEFINITIONS AND INSTRUCTIONS For the purpose of these Interrogatories the following definitions instructions shall apply: 1. The term "person" means any individual, corporation, partnership or other business entity. 2. The term "correspondence" means any communication whether by letter, electronic mail, facsimile, telex, note or any other form of communication. 3. The term "agreement" means any document or oral understing 1 of 9

2 that constitutes or purports to be, in whole or in part, a contract, purchase order, license, lease or custom, includes all amendments, modifications, interpretations drafts thereof; whether or not executed, any exercise of an option or other rights embodied therein. 4. The term "Kamco" shall refer to plaintiff Kamco Supply Corp., its employees, agents, officers, directors, managers, supervisors, attorneys any other persons acting under the name or authority of Kamco Supply Corp. 5. The term "J.T. Magen" shall refer to the defendant, J.T. Magen & Company Inc., its employees, agents, officers, directors, managers, supervisors, attorneys any other persons acting under the name or authority of J.T. Magen & Company Inc. 6. The term "Liberty Mutual" shall refer to defendant Liberty Mutual Insurance Company, Its employees, agents, officers, directors, managers, supervisors, attorneys any other persons acting under the name or authority of Liberty Mutual Insurance Company. 7. The term "Nastasi" shall refer to defendant Nastasi & Associates, Inc., its employees, agents, officers, directors, managers, supervisors, attorneys any other persons acting under the name or authority of Nastasi & ASSociates, Inc. 8. The term "Project" shall refer to the construction improvement of the property known as 150 East 42nd Street, New York, New York; Block 1296; Lots 1105, 1106, 1107, 1108, 1113, The term "concerning" means relating to, referring to, describing, 2 2 of 9

3 evidencing or constituting. 10. The terms "" "or" shall be construed disjunctively or conjunctively, as necessary to make the request inclusive rather than exclusive. "Any" shall be construed to include the word "all" "all" shall be construed to include the word "any." "Each" includes the word "every" "every" includes the word "each." The use of the singular shall include the plural, vice versa, the use of the masculine shall include the feminine neuter form, vice versa, as the context requires. 11. The term "Communication" means the transmittal of information (in the form of facts, ideas, inquiries or otherwise). 12. Identify (with respect to persons). - When referring to a person, "to identify" means to give, to the extent known, the person's full name, present or last known address, when referring to a natural person, additionally, the present or last known place of employment. 13. Identify (with respect to documents). - When referring to documents, "to identify" means to give, to the extent known, the (i) type of document; (ii) general subject matters; (iii) date of the documents; (iv) author(s), addressee(s) recipient(s). 14. Parties. - The terms "plaintiff' "defendant" party' as well as a party's full or abbreviated name or a pronoun referring to a party name the party, where applicable, its officers, directors, employees, corporate parent, subsidiaries or affiliates. 15. The terms "Set forth", "State" or "Describe" mean to provide a 3 3 of 9

4 narrative statement or description, phrased in specifics, of the facts matters to which the interrogatories have reference, including but not limited to, an identification of all persons communications, transactions events necessary or desirable to make the answer complete responsive. 16. In the event that any document, the production of which is called for by these Interrogatories is not produced: (a) identify each such document; (b) set forth the reason why the document has not been produced (e.g., not in your custody, possession or control, destruction, claim of privilege), if the document is not produced on basis of a claim of privilege or for any other reason, identify the document with particularity, including, without limitation, the addressor, the addressee, the author of the document, the number of pages, attachments appendices, the date of the document, its general subject matter, the identities of each individual or entity to whom the document or a copy was transmitted, the relationship to each individual or entity to whom each such document or a copy thereof was transmitted, shown, or to whom the information therein was disclosed or discussed, state the nature of the privilege asserted, if any. 17. The terms "document", "documents" "documentation" means, without limitation, the original any all drafts copies of any writings of any kind including computer stored information which is capable of being reproduced on a computer display or printed out, in the possession, custody or control of the plaintiff, its agents, servants or employees including but not 4 4 of 9

5 limited to original any copies of contracts, progress schedules, bids or estimates, change orders, extra work orders, correspondence, invoices, bills, receipts, accounting statements, forms, checks, books, records, reports, financial statements, letters, telegrams, speed letters, telexes, notes, memora, calculations, diaries, daily work records, drafts, advertisements, sketches, drawings, plans other tangible things, notices of claim, amended claims, complaint, amended complaint answers to same, decisions, orders, stipulations, including originals copies whether typed, hwritten or on tape or other recording, from whatever source, any material underlying, supporting or used in the preparation of any such document or documents, telegrams, "faxes", s; messages (including, but not limited to, reports of telephone conversations conferences), studies, analyses, catalogs, technical product data, booklets, circulars, bulletins, instructions, minutes, other communications (including, but not limited to, inter intraoffice communications), questionnaires, surveys, contracts, memora of agreement, assignments, books of account, orders, records or summaries of negotiations, records or summaries of personal interviews or conversations, schedules, estimates, takeoffs, printouts, drawings, blueprints, specifications, graphs, charts, planning materials, statistical statements, forecasts, work papers, invoices, statements, bills, checks, bank books, bank statements, income tax forms, other tax forms, vouchers, notebooks, data sheets, microfilm, microfiche, photographs, photographic negatives, tapes, magnetic tapes, paper tapes, plotter output recordings, discs, data cards, films, data processing files, 5 5 of 9

6 other computer readable records or programs, breadboards, catalogues, brochures, all other written or printed matter of any kind, all other data compilation from which information can be obtained, translated if necessary. A "document," whether existing in computer storage or manual storage includes not only the final version but each every preliminary draft or worksheet. Any such documents bearing on any page thereof (front or back included) any marks such as initials, stamped indices, comments or notations of any character which were not part of the original text or photographic reproduction thereof is to be considered as a separate document. 18. The term "Computer File" means all computer files of whatever type without regard to the manner in which the file is stored includes program files as well as non-program files. 19. The term "Program File" means any program file, comm library file, operating system file, batch file, or other file that can be used to control the operation of a computer, disk, processor, computer system, or any piece or combination of pieces of computer equipment. 20. The term "Nonprogrammer File" means any Computer file of any type that is not a program file. 21. The term "Identify" (when used with respect to a computer file), means to provide the full file name including extension, the number of bytes in the file, the date time of file creation, a statement of the contents of the file, a statement of the purpose for which the file is used; identify in detail the environment in which such file can be used (in the case of a program file, the 6 6 of 9

7 environment in which the program can be run or complied, in the case of a non-program file, the environment in which the file can be used); identify all computer equipment necessary or convenient to use this file; describe the configuration of that equipment; identify all computer files that must be either loaded into memory or available for the file to be used properly, with respect to computer files that then must be loaded into memory, state the method order of loading, with respect to flies that must be available, state where such files must be located. When more than one version of a file identified, indicate the files that are versions of the same file describe the differences between the files. If a file is a compressed file or contains more than one file, state the method of compression or combining used; identify the program file or files that waslwere used to compress or combine the file or files, identify the program file or files that can be used to uncompress the file or files to separate the files. If a file is encrypted, state the method of encryption used identify the program file or files that was/were used to encrypt the file, identify the program file or files that can be used to unencrypt the file, identify explain the use of any password, passwords, or other information necessary to unencrypt the file. If the contents of the file are not readily understable by an experienced computer programmer, provide such additional information as is necessary to underst the file, including, but not limited to, such information as field names, delimiters, file structure. If the file is a program file, state the name version number of the program that is contained in the file, state the purpose 7 7 of 9

8 for which the program is used, identify the author of the program, identify the holder of the copyright to the program, identify any other person who has any rights in such program, state the nature of those rights, state the language in which the program is written (if more than one language is used, identify what modules or subroutines are written in what language the function of each module or subroutine), for each language state the version number identify the manufacturer developer of the version used. If the file is a non-program file, identify every program, program file or files used to create, read, write, modify, or store information in the file; identify each program, program file or files with which such file has been used, identify each program, program file or files with which the file was designed to be used; describe in detail any record format, record layout, delimiters, or file storage or format information necessary or useful to reading, interpreting, or understing the information in the file; identify all index format files, including the name location of the fields used as index keys. TO the extent that the information specifically required does not uniquely identify each computer file, provide such additional information as is necessary to identify each file uniquely. Uniquely identify each file by a numbering or other system so that it can be referred to in subsequent discovery. Further, specify, by use of a numbering system or other system developed for uniquely identifying computer equipment, every piece of computer equipment where each file is located. 8 8 of 9

9 INTERROGATORIES 1. Set forth the name(s) of the account holders for each of the unidentified DDA accounts to which Nastasi 8 Associates made transfers from its Operating ACCount between September 2014 April 2015 as shown on Exhibit "A" annexed hereto. ANSWER: Dated: Huntington Station, New York May 2, 2018 MARSH LL M. STE N, P.C. ~ ~ By: Judith Donnenfeld AttorneyS for Plaintiff 17 Cardiff Court Huntington Station, New York (631) TO: MELTZER, LIPPE, GOLDSTEIN 5 BREITSTONE, LLP Attn: Manny A. Frade, Esq. Attorneys for Defendants J.T. Magen 8 Company Inc. Liberty Mutual Insurance Company The Chancery 190 Willis Avenue Mineola, New York (516) ext. 137 PILLARI & VELLA LLP Attn: Thomas V. Pillari, Esq. Attorneys for Defendants Nastasi 8 ASSociates, Inc. Anthony J Nastasi 114 Old Country Road; Suite 680 Mineola, New York (516) of 9

Responding to Oversight Committee Document Requests 1. In complying with this request, produce all responsive documents that are in your possession, c

Responding to Oversight Committee Document Requests 1. In complying with this request, produce all responsive documents that are in your possession, custody, or control, whether held by you or your past