FILED: NASSAU COUNTY CLERK 06/22/ :07 PM INDEX NO /2017 NYSCEF DOC. NO. 254 RECEIVED NYSCEF: 06/22/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X BELAIR CARE CENTER, INC.; BELLHAVEN CENTER FOR GERIATRIC & REHABILITATION CENTER; BERKSHIRE NURSING AND REHABILITATION Index No /2017 CENTER; CREST HALL CORP. D/B/A CREST HALL CARE CENTER; CROWN NURSING HOME ASSOCIATES, INC.; DMN MANAGEMENT SERVICES, DEFENDANT LLC, D/B/A CAPITAL LIVING & REHABILITATION; THE TREIBER GROUP, HERITAGE MINISTRIES MANAGEMENT COMPANY, LLC'S INC., SUCCESSOR IN INTEREST TO GERRY HOMES FIRST SET OF MANAGEMENT COMPANY, INC.; HERITAGE INTERROGATORIES TO VILLAGE REHAB & SKILLED NURSING, INC., PLAINTIFF NASSAU SUCCESSOR IN INTEREST TO GERRY NURSING EXTENDED CARE CENTER HOME COMPANY, INC.; HILLSIDE MANOR CORP. REHABILITATION AND EXTENDED CARE CENTER, LLC; HUDSON VALLEY CARE PARTNERS, LLC, D/B/A HUDSON VALLEY REHABILITATION AND EXTENDED CARE; HUDSON VALLEY HOSPITAL CENTER; JACKSON HEIGHTS CARE CENTER, LLC, D/B/A REGAL HEIGHTS REHABILITATION & HEALTH CARE CENTER; MORGAN ESTATES ACF, LP; NASSAU EXTENDED CARE CENTER CORP.; NESCONSET NURSING CENTER LLC; NEW SANS SOUCI NURSING HOME, LLC; NEW VANDERBILT REHABILITATION & CARE CENTER, INC.; NYMED INC., D/B/A TEN BROECK COMMONS; NYMED PUTNAM, INC., D/B/A PUTNAM RIDGE NURSING HOME; OAK HOLLOW NC CORP.; PALJR, LLC, D/B/A EAST NECK NURSING AND REHABILITATION; PARK AVENUE EXTENDED CARE CENTER CORP.; RENSSELAER PLANNING, LLC, D/B/A EVERGREEN COMMONS; RIVER MANOR CORP., D/B/A RIVER MANOR HEALTH RELATED FACILITY; ROSS HEALTH CARE CENTER, INC.; RWB CORP., D/B/A PORT CHESTER NURSING AND REHABILITATION CENTER; SEA CREST HEALTH CARE CENTER, LLC; SEPHARDIC HOME FOR THE AGED, INC., D/B/A SEPHARDIC SKILLED NURSING & REHABILITATION CENTER; SHORE VIEW NURSING HOME, LP; THE GERRY HOMES; THROGS NECK CARE CORP., C/O BENJAMIN DEVELOPMENT; UPR CARE CORP., D/B/A COLD SPRING HILLS CENTER FOR NURSING & REHABILITATION; WEN EXTENDED CARE FACILITY MANAGEMENT CORP., 1 of 10

2 Plaintiffs, - against - COOL INSURING AGENCY, INC.; HICKEY-FINN & CO., INC.; HIRSCH WOLF & COMPANY, INC.; HUB INTERNATIONAL NORTHEAST LIMITED; HUB INTERNATIONAL GROUP NORTHEAST INC.; HUB INTERNATIONAL LIMITED; MARSHALL & STERLING, INC.; OXFORD COVERAGE, INC.; RAMPART AGENCY, INC., D/B/A THE RAMPART GROUP; THE REIS GROUP; SHELBERN ASSOCIATES; SPAIN AGENCY, INC.; THE TREIBER GROUP, LLC; VANNER INSURANCE AGENCY; JOHN DOE BROKER 1-5, a fictitious name, true name unknown, each party intended being an individual who acted as a broker with respect to Healthcare Industry Trust of New York; and JOHN DOE BROKER CORPORATION 1-5, a fictitious name, true name unknown, each party intended being a corporation or other legal entity that acted as a broker with respect to Healthcare Industry Trust of New York, Defendants X Defendant THE TREIBER GROUP, LLC. ("Treiber"), hereby requests that Plaintiff NASSAU EXTENDED CARE CENTER CORP. ("Plaintiff" Extended" or "Nassau Extended"), provide responses to the following interrogatories in accordance with the definitions and directions set forth below within twenty (20) days pursuant to the provisions of CPLR 3133(a). DEFINITIONS AND GENERAL INSTRUCTIONS 1. Each of the words "discussing," "reflecting," "concerning," pertaining," "relating," "involving," "evidencing," or "referring," shall be defined to include the common meaning of those terms and shall include indirect as well as direct references to the subject matter set forth in this document request. 2. "And," "or" or "and/or" shall be read both in the conjunctive and the disjunctive. 2 2 of 10

3 3. "Complaint" means the Amended Complaint filed on October 24, "Treiber" means the defendant, The Treiber Group, LLC, its agents and all other person(s) or entity(ies) acting or purporting to act on its behalf. 5. "Plaintiff" or "Nassau Extended" means Plaintiff, Nassau Extended Care Center Corp., its agents and all other person(s) or entity(ies) acting or purporting to act on its behalf. 6. "Workers' compensation insurance" means all forms of compensation insurance, coverage, and/or protection, this includes, but it is not limited to, insurance or coverage provided by an insurance carrier, trust, the State Insurance Fund and/or any other source. 7. "HITNY" means the Healthcare Industry Trust of New York, a compensation group self-insurance trust and unincorporated association consisting of New York Employers in the healthcare industry established on September 12, 1999 by Compensation Risk Managers, LLC, as alleged in paragraphs 1, 78 and 79, and elsewhere, of the Complaint. 8. "CRM" means Compensation Risk Managers, LLC, Majestic USA Capital, Inc., formerly known as CRM USA Holdings, Inc., Majestic Capital, Ltd., formerly known as CRM Holdings, Ltd., Village Holdings, LLC, Compensation Risk Managers Agency, Captive, LLC, Embarcadero Insurance Holdings, Inc., Majestic Insurance Company, Twin Bridges Bermuda, Ltd., Eimar LLC, their officers, employees, agents and all other person(s) or entity(ies) acting or purporting to act on their behalf. 9. "WCB" means the New York State Workers' Compensation Board, its agents, related governmental offices and agencies, and all other person(s) or entity(ies) purporting to act on its behalf. 10. The information sought by these interrogatories shall include information within Plaintiff's knowledge, possession, control or access, of any agent, employee, principal, attorney or 3 3 of 10

4 investigator (including investigators or an attorney), or any person acting as Plaintiff's representative or on Plaintiff's behalf, including, but not limited to, any other independent attorney, agent or investigator. 11. Whenever appropriate, the singular form of a word shall be interpreted as plural, and the masculine gender shall be deemed to include the feminine. 12. As used in these interrogatories, the terms "date" means the exact day, month, and year, if known, or if not known, the best approximation thereof. The exact date shall be given in all answers except where it is explicitly indicated that the approximate date may be given. 13. As used in these interrogatories, the terms "person" includes, without limiting the generality of its meaning, every natural person, corporate entity, partnership, association, governmental body or agency. 14. As used in these interrogatories, a request to "identity" or provide the "identity" of a person or entity includes stating his, her, or its full name, his or her most recent home address and telephone number, his, her, or its most recent known business address and telephone number, his or her present position, his or her, or its prior connection or association with the parties to this litigation. 15. As used in these interrogatories, the term "document" includes, without limiting the generality of its meaning, all originals, or copies where originals are unavailable, and non-identical copies (whether different from originals by reason of notation made on the copies or otherwise) of all written, recorded, or graphic matter, however produced or reproduced, whether or not now in existence, of correspondence, telegrams, notes, or sound recordings of any type of conversation, meeting, or conference, minutes of meetings, memoranda, interoffice communications, studies, analysis, reports, summaries, and results of investigations and tests, reviews, contracts, 4 4 of 10

5 agreements, working papers, tac returns, statistical records, ledgers, books of count, vouchers, bank checks, bank statements, invoices, bills, written estimates of costs, receipts, computed date, stenographers notebooks, manuals, directives, bulletins, desk calendars, appointment books, diaries, maps, charts, photographs, plats, drawings or other graphic representations. 16. If you at any time had possession or control of a document requested to be identified or produced, and if that document has been lost, destroyed, purged, or it is not presently in Plaintiff's possession or control, Plaintiff shall describe the document, the date of its loss, destruction, purge, or separation from Plaintiff's possession or control, and the circumstances surrounding its loss, destruction, purge, or separation from the Plaintiff's possession or control, and, if known, Plaintiff shall identify the person last known by Plaintiff to have possession or control of the document. 17. As used in these interrogatories, the term "communication" or "communicated" means any contact, oral or written, formal or informal, at any time or place or under any circumstances whatsoever, whereby information of any nature was transmitted or transferred. 18. If any of the information contained in the answers to these interrogatories is not within Plaintiff's personal knowledge, so date. The answers to these interrogatories should identify every person, document, and communication upon which Plaintiff relied for the information contained in the answer not based solely on Plaintiff's personal knowledge. 19. If Plaintiff cannot answer any portion of any of the following interrogatories in full after exercising diligence to secure the information, so state an answer, to the extent possible, specifying Plaintiff's inability to answer the remainder and stating whatever information or knowledge Plaintiff has concerning the unanswered portions. 20. If Plaintiff claims privilege for any communication, document or item of 5 5 of 10

6 information, or any portion thereof, about which information is requested by these interrogatories, specify the privilege claim, the communication and/or answer for which that claim is made, the parties to that communication, the topic discussed in the communication, and the basis for Plaintiff's claim. INTERROGATORIES 1. Identify the directors and/or officers of Plaintiff from 1999 to Identify the employees of Plaintiff who participated in the procurement of compensation insurance from 1999 to 2012 and describe the nature of that participation. 3. Identify the directors, officers, and/or employees of Plaintiff who communicated with Treiber concerning compensation insurance from 1999 to Identify the directors, officers, and/or employees of Plaintiff who communicated with CRM from 1999 to 2012 and describe the substance of such communication. 5. Identify the directors, officers, and/or employees of Plaintiff who communicated with the HITNY from 1999 to 2012 and describe the substance of such communication. 6. Identify the directors, officers, and/or employees of Treiber who communicated with Plaintiff concerning compensation insurance from 1999 to State the time period that plaintiff was a member of HITNY. 8. Identify the compensation insurer(s)/provider(s) for the three (3) years before plaintiff became a member of HITNY and for the three (3) years after plaintiff ended their participation in HITNY. 9. Identify all insurance agents, brokers, insurance consultants and risk managers used by plaintiff to procure compensation insurance or who were consulted concerning compensation insurance from 2000 to 2011, including the time period that plaintiff was 6 6 of 10

7 a member of HITNY. 10. State the amount paid to each insurance agents, brokers, insurance consultants and risk managers used by plaintiff to procure compensation insurance or consulted concerning compensation insurance for each year from 2000 to 2011 including the time period that plaintiff was a member of HITNY, including fees and commissions. 11. Identify persons with knowledge or information of, Plaintiff's payroll, payroll per compensation classification code for all employees, compensation insurance rates, experience modification(s), New York assessments, discounts, and/or other fees for each year from 2001 to Identify persons with knowledge or information of, Plaintiff's workers compensation insurance rates, experience modification(s), New York assessments, discounts, and/or other fees for each year from 2001 to State the amount paid for compensation insurance for each year from 2001 to 2012, including, for each year, plaintiff's total payroll, payroll per workers compensation classification code for all employees, workers compensation insurance rates, experience modification(s), New York assessments, discounts, and/or other fees or taxes. 14. Identify persons with knowledge or information regarding any communications Plaintiff had (not including any alleged communications with Treiber) with any insurance broker, insurance agent, consultant, and/or risk management service concerning the procurement of compensation insurance during the period of Plaintiff's participation in HITNY and describe the substance of any such communication. 15. Identify persons with knowledge or information regarding any communications Plaintiff had (not including any alleged communications with Treiber) with any insurance broker, 7 7 of 10

8 insurance agent, consultant, and/or risk management service in connection with the placement of compensation insurance with HITNY and describe the substance of any such communication. 16. State the names of witnesses with knowledge or information regarding any advice or warnings received from Treiber or anyone else concerning Plaintiff's potential and/or possible exposure for joint and several liability as a result of its participation in HITNY and describe the substance of any such communication. 17. Identify persons with knowledge or information regarding the allegation that there was a special relationship between Plaintiff and Treiber. 18. Identify persons with knowledge or information regarding the allegation that Treiber made negligent misrepresentations to Plaintiff. 19. State the names of witnesses with knowledge or information regarding the allegation that Treiber committed fraud in the inducement with respect to Plaintiff. 20. State the names of witnesses with knowledge or information regarding the allegation that Treiber breached a contract with Plaintiff. 21. State the names of witnesses with knowledge or information regarding the allegation that Treiber aided and abetted a breach of fiduciary duty with respect to Plaintiff. 22. State the names of witnesses with knowledge or information regarding allegation that Treiber aided and abetted a fraud with respect to Plaintiff. 23. State the names of witnesses with knowledge or information regarding the allegation that CRM and/or HITNY paid additional, inflated, excessive, and/or undisclosed fees and/or commissions to Treiber. DATED: White Plains, New York June 22, of 10

9 KEIDEL, WELDON & CUNNINGHAM, LLP By: /s/ Stephen C. Cunningham Stephen C. Cunningham, Esq. Attorneys for Defendants, Hirsch Wolf & Company, Inc., Marshall & Sterling, Inc. and The Treiber Group, LLC 925 Westchester Avenue, Suite 400 White Plains, New York Tel: (914) Fax: (914) TO: Linda J. Clark, Esq. David M. Cost, Esq. BARCLAY DAMON, LLP Attorneys for Plaintiffs 80 State Street Albany, New York Tel: (518) Fax: (518) Steven A. Coploff, Esq. STEINBERG & CAVALIERE, LLP Attorneys for Defendant, Rampart Agency, Inc. s/h/a Rampart Agency, Inc. d/b/a The Rampart Group, Inc. 50 Main Street White Plains, NY Tel: (914) Fax: (914) Kathleen A. Barclay, Esq. MAGUIRE CARDONA, P.C. Attorneys for Defendants, Hickey-Finn & Co., Inc., Vanner Insurance Agency, Cool Insuring Agency, Inc.,,Spain. Agency, Inc., The Reis Group and Shel-Bern Associates 22 Clinton Avenue Albany, New York Tel: (518) Fax: (518) of 10

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