FILED: NEW YORK COUNTY CLERK 08/18/ :05 AM INDEX NO /2014 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 08/18/2014

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1 FILED: NEW YORK COUNTY CLERK 08/18/ :05 AM INDEX NO /2014 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 08/18/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK U-TREND NEW YORK INVESTMENTS L.P., individually and Derivatively on Behalf of Nominal Defendant Hospitality Suite International, S.A. and its wholly-owned subsidiary US Suite Corp., -against- Plaintiff, US SUITE LLC, AURA INVESTMENTS LTD. AND 440 WEST 41ST LLC, Index No /2014 PLAINTIFF S SECOND REQUEST FOR EXPEDITED DISCOVERY AND INSPECTION TO DEFENDANT 440 WEST 41ST LLC Defendants, and HOSPITALITY SUITE INTERNATIONAL, S.A. and US SUITE CORP., Nominal Defendants. PLEASE TAKE NOTICE, that pursuant to CPLR 3120 and the Order of the Court dated August 14, 2014 (the August 14, 2014 Order ), Plaintiff U-Trend New York Investments L.P., by its attorneys Morrison Cohen LLP, requests 440 West 41st LLC ( 440 West or Defendant ) produce for inspection and copying at the offices of Morrison Cohen LLP, 909 Third Avenue, New York, New York 10022, the documents and things described in this request that are within its possession, custody, and control, no later than 5:00 p.m. on August 27, 2014 in accordance with the August 14, 2014 Order. 1

2 INSTRUCTIONS AND DEFINITIONS 1. Definitions The following definitions apply to the request for production of documents set forth below: a. Aura shall mean Defendant Aura Investments Ltd, Inc., a company formed under the laws of Israel, including all of its present and former parents, subsidiaries, predecessors, affiliates, directors, officers, partners, managers, attorneys, agents, and employees or any person or entity acting or purporting to act on its behalf. b. 440 West shall mean Defendant 440 West 41ST LLC, a New York limited liability company, including all of its present and former parents, subsidiaries, predecessors, affiliates, directors, officers, partners, managers, attorneys, agents, and employees or any person or entity acting or purporting to act on its behalf. c. Suite LLC shall mean Defendant US Suite LLC, a Delaware limited liability company, including all of its present and former parents, subsidiaries, predecessors, affiliates, directors, officers, partners, managers, attorneys, agents, and employees or any person or entity acting or purporting to act on its behalf. d. Defendants shall mean Suite LLC, Aura, and 440 West, collectively. e. U-Trend or Plaintiff shall mean Plaintiff U-Trend New York Investments, L.P., a partnership organized under the laws of the British Virgin Islands, including all of its present and former parents, subsidiaries, predecessors, affiliates, directors, officers, partners, managers, attorneys, agents, and employees or any person or entity acting or purporting to act on its behalf. f. Management LLC shall mean US Suite Management LLC, including all of its present and former parents, subsidiaries, predecessors, affiliates, directors, officers, # v1 \ \0002 2

3 partners, managers, attorneys, agents, and employees or any person or entity acting or purporting to act on its behalf. g. NY Midtown LLC shall mean NY Midtown LLC, including all of its present and former parents, subsidiaries, predecessors, affiliates, directors, officers, partners, managers, attorneys, agents, and employees or any person or entity acting or purporting to act on its behalf. h. HSI shall mean nominal defendant Hospitality Suite International, S.A., a Luxemburg corporation, including all of its present and former parents, subsidiaries, predecessors, affiliates, directors, officers, partners, managers, attorneys, agents, and employees or any person or entity acting or purporting to act on its behalf. i. Suite Corp. shall mean nominal defendant US Suite Corp., a Delaware limited liability company, including all of its present and former parents, subsidiaries, predecessors, affiliates, directors, officers, partners, managers, attorneys, agents, and employees or any person or entity acting or purporting to act on its behalf. j. Benzion Suky shall mean Benzion Suky, as well as any Person acting on behalf of Benzion Suky as agent, employee, attorney, or otherwise, as well as any Person for or through which Benzion Suky has acted. k. Eran Suky shall mean Eran Suky, as well as any Person acting on behalf of Eran Suky as agent, employee, attorney, or otherwise, as well as any Person for or through which Eran Suky has acted. l. Bruria Singer shall mean Bruria Singer, as well as any Person acting on behalf of Bruria Singer as agent, employee, attorney, or otherwise, as well as any Person for or through which Bruria Singer has acted. # v1 \ \0002 3

4 m. Rabbi Pinto shall mean Rabbi Yoshiyahu Pinto, as well as any Person acting on behalf of Rabbi Pinto as agent, employee, attorney, or otherwise, as well as any Person for or through which Benzion Suky has acted. n. Suky Aff. shall mean the Affidavit of Benzion Suky in Support of Cross Motion and In Opposition to Plaintiff s Order to Show Cause, dated July 15, o. Abtan Aff. shall mean the Affidavit of Yohai Abtain in Support of Cross-Motion to Dismiss and In Opposition to Plaintiff s Order to Show Cause to Appoint a Receiver dated July 16, p. Property shall mean the building and underlying land located at 440 West 41 st Street, New York, New York, commonly known as Metro Apartments. q. Complaint means the Complaint, dated July 8, 2014, served and filed in this action. i. Document means all written or graphic matter or any other means of preserving thought or expression of every type and description, including but not limited to originals, drafts, computer-sorted and computer-retrievable information, copies or duplicates that are marked with any notation or annotation, copies or duplicates that differ in any way from the original, correspondence, electronic mail, , text messages, memoranda, reports, notes, minutes, contracts, agreements, books, records, vouchers, invoices, purchase orders, ledgers, diaries, logs, calendar notes, computer print-outs, computer disks and programs, price quotations, sales records, card files, price lists, press clippings, sworn or unsworn statements of employees, requisitions, purchasing manuals or guidelines, lists, audit workpapers, financial analysis, tables of organizations, advertisements or other promotional material, audited and unaudited financial statements, newspapers or newsletters, diagrams, photographs, and other writings or recordings. A draft or non-identical copy is a separate Document within the meaning of this term, and a # v1 \ \0002 4

5 Document also includes any removable Post-it notes or other attachments affixed to any of the foregoing. r. Communication means the transmittal of information (in the form of facts, ideas, inquiries or otherwise), including but not limited to any correspondence, discussions, facsimiles, memoranda, meetings, messages, notes, telephone conversations, or other forms of electronic communications, including text messages, instant messages, and the like. s. Concerning means relating to, referring to, describing, indicating, evidencing, or constituting in whole or in part. t. Person shall mean any individual, corporation, association, organization, firm, company, partnership, joint venture, trust, estate, or other business, legal or governmental entity, whether or not possessing a separate juristic existence in its own right, or any other group collectively assembled to transact any kind of business at all. u. The following rules of construction apply: the terms all or each shall be construed as all and each. The terms and and or shall be construed disjunctively or conjunctively as necessary to bring within the scope of a request all responses that might otherwise be construed to be outside of its scope. The singular form of any word shall be deemed to include the plural and vice versa. The neutral form of a pronoun shall be deemed to include the masculine and feminine forms of the pronoun and vice versa. The use of any tense of any verb shall be considered to include all other tenses of the verb. Each request below shall be construed so as to furnish the most complete and inclusive answer. 2. Instructions a. Defendant shall respond and produce all documents responsive to the below requests. # v1 \ \0002 5

6 b. If any document is withheld from production for any reason, furnish a list specifying, for each document: (i) the reason for which it is being withheld; (ii) its character (letter, memorandum, etc.); (iii) the name, position, and business affiliation of its author or authors; (iv) the name, position, and business affiliation of each recipient of the document or a copy thereof; (v) the date on which it was written; (vi) its general subject matter; (vii) the specific request to which it is responsive; and (viii) its present custodian. If the document is withheld based on a claim of privilege, also identify the nature of the privilege. c. If any document that relates to this litigation has been destroyed, please provide the following information: (i) the place, date (or approximate date), and manner or recording or otherwise preparing the document; (ii) the name and title of sender, and the name and title of the recipient of the document; (iii) a summary of the contents of the document; (iv) the identity of each person or persons (other than stenographic or, as clerical assistance) participating in the preparation of the document; (v) the identities of all persons having knowledge of the substance of the document; (vi) the date on which it was destroyed; (vii) the reason it was destroyed; and (viii) whether the claimed destruction occurred as a result of any policy regarding the destruction of documents. If so, describe and provide a copy of the policy. d. If any document relates to this litigation and is no longer in Defendant s possession because it has been returned to an individual or entity, please provide the following information: (i) the place, date (or approximate date), and manner of recording or otherwise preparing the document; (ii) the name and title of sender, and the name and title of the recipient of the document; (iii) a summary of the contents of the document; (iv) the identity of each person or persons (other than stenographic or clerical assistance) participating in the preparation of the document; (v) the identities of all persons having knowledge of the substance of the document; (vi) the date on which it was returned; (vii) the reason it was returned; and (viii) whether the # v1 \ \0002 6

7 claimed return occurred as a result of any policy relied upon by you. If so, describe and provide a copy of the policy. e. All documents should be produced, as closely as possible, in the manner and order in which they are kept. Specifically, each set of responsive documents held by a particular employee or representative thereof should be identified as being from that particular person s or office s files. Further, all file folders, dividers and other containers for such documents should be copied so that we may understand who keeps the documents produced, where they are kept and how they are organized. Documents attached to each other or contained in a file, folder or similar binder should not be separated. f. This request shall be continuing and Defendants shall supplement its responses immediately upon the receipt or identification of documents or things responsive to this request to the present. g. Unless otherwise stated, the time period for these Requests is January 1, REQUESTS 1. All documents concerning books and records and other financial data or analysis of HSI, Suite Corp., Suite LLC, and Management LLC, including but not limited to profits and loss ( P&L ) statements, annual financial statements, and balance sheets, and communications relating thereto. 2. All documents concerning HSI, Suite Corp., Suite LLC, Management LLC, and the Property s finances and bank accounts, including but not limited to financial records, balance sheets, accounting and bank statements, signature cards and authorizations, profits and loss statements, Quickbooks ledgers, RoomMaster reports, transaction reports, and printouts, including communications relating thereto. 3. All documents concerning any business or development plans with regard to Suite LLC or the Property, including but not limited to plans to convert the Property into an extended stay hotel, and communications relating thereto. 4. All documents concerning services provided by Ms. Bruria Singer ( Ms.Singer ) to Suite LLC and/or Management LLC including but not limited to Ms. Singer s # v1 \ \0002 7

8 personnel file, compensation, paystubs, employment or compensation, agreement, job description, employment records, and her duties and responsibilities, and communication relating thereto. 5. All documents concerning Mr. Benzion Suky s management of the Property, including but not limited to documents concerning direct or indirect management or compensation agreements, employment records, management fees, services rendered by him, paystubs, receipts, cancelled checks, deposit slips, reimbursements for expenses, consulting fees, payments or loans made by Suite LLC or Management LLC to Mr. Benzion Suky, and the alleged agreement between and among Mr. Benzion Suky, Mr. Naftali Mendelovich, and Mr. Eric Tendler dated in or about September 2011 regarding Mr. Benzion Suky s management fee, and communications relating thereto. 6. All documents concerning services provided by Mr. Eran Suki and/or NY Midtown LLC to Suite LLC and/or Management LLC with regard to the Property, including but not limited to documents concerning management or compensation agreements, employment records, management fees, services rendered by him, paystubs, receipts, cancelled checks, deposit slips, reimbursements for expenses, consulting fees, work authorizations, and payments or loans made by Suite LLC or Management LLC to Mr. Eran Suki, and communications relating thereto. 7. All documents concerning cash payments received by or promised to Mr. Benzion Suky or Mr. Eran Suki by customers and guests of the Property, including receipts, agreements, accounting records, and communications relating thereto. 8. All documents concerning loans made by Gemini Capricorn Inc. to Suite LLC and Mr. Benzion Suky, including but not limited to the Promissory Notes executed by Suite LLC dated February 15, 2011, May 15, 2011, and June 5, 2012, including payments made and interest accrued thereunder, and communications relating thereto. 9. All documents concerning funds of Suite LLC or Management LLC that were or are held in a trust account by the Barrata Law Firm, including trial balances, statements, records, and agreements, and communications relating thereto. 10. All documents concerning payments made by Suite LLC or Management LLC with regard to properties located at 334 West 46th Street, 336 West 46th Street, and/or 450 East 83rd Street, including but not limited to documents concerning payments made by Suite LLC or Management LLC for real estate taxes, water bill taxes, management or maintenance fees, utilities, and communications relating thereto. 11. All documents concerning payments made by Suite LLC or Management LLC for reimbursement of or payment for the personal expenditures and expenses of Mr. Benzion Suky, Ms. Meital Suky, Mr. Eran Suki, or Rabbi Pinto and his wife, and their respective family members and personal acquaintances, including but not limited to cancelled checks, receipts, records, requests for reimbursement for and/or payment of expenses for parking violations, parking garages, health insurance, taxi, limousine and car services, department store purchases, travel and airline tickets, tax return preparation, accountants, legal fees, political contributions, and medical expenses, and communications relating thereto. # v1 \ \0002 8

9 12. All documents concerning the contribution made by Management LLC to United States Congressman Michael Grimm on or about June 28, 2010 in the amount of $4,800, including but not limited to the cancelled check, receipt, the request of Mr. and Mrs. Benzion Suky for Management LLC to make the contribution, and communications relating thereto. 13. All documents concerning payments made by Suite LLC or Management LLC for reimbursement of or payment for 440 West s accountants, attorneys, or advisors, and communications relating thereto. 14. All documents concerning Suite LLC or Management LLC s payment of State and City occupancy taxes to the applicable taxing authorities with regard to the Property. 15. All documents concerning zoning, building, and environmental code violations, complaints, warnings and inspection reports relating to the Property, including but not limited to documents concerning those relating to the New York City Department of Buildings ( DOB ), Environmental Control Board ( ECB ), fire, life and safety, unsafe conditions, and food service sanitation, and financial penalties, and communications relating thereto. 16. All documents concerning Suite LLC or Management LLC s efforts to remedy the violations, complaints, warnings and investigation reports referenced in Request 40, above. 17. All documents concerning the application ( Application ) made by US Suite to the DOB to convert the Property and change the Certificate of Occupancy, the purported approval obtained by US Suite, and the alleged lack of funding to continue the project referenced in Paragraph 22 of the Suky Aff., including but not limited to the Application and architectural plans submitted to the DOB, and communications relating thereto. 18. All documents and communications concerning the reasons why the project contemplated by the Application was not continued. 19. All documents concerning HSI that were received by Defendants counsel from Luxembourg which were described by M. Teresa Daly, Esq., during the July 18, 2014 oral argument in this matter. (See Transcript of July 18, 2014 proceedings, page 5, line 24 page 6, line 4). 20. All documents concerning management and consulting agreements and other agreements whether oral or written, formal or informal with regard to the Property, and communications relating thereto. 21. Information sufficient to provide Plaintiff full and complete access to Suite LLC and Management LLC s QuickBooks, and RoomMaster accounts with regard to the Property, including but not limited to log in credentials. 22. A list of the names of customers and guests of the Property who stayed at the Property and/or were entered into RoomMaster without charge, and all documents and communications related thereto. # v1 \ \0002 9

10 23. To the extent not called for by prior requests, all documents that Defendants intend to offer as exhibits at the hearing to be held in connection with Plaintiff s Motion for the Appointment of a Temporary Receiver. Dated: August 18, 2014 New York, New York MORRISON COHEN LLP By: Y. David Scharf Terence K. McLaughlin Wendy M. Fiel 909 Third Avenue New York, New York (212) Attorneys for Plaintiff U-Trend New York Investments L.P. # v1 \ \