EXHIBIT(S) - 6 (Motion #3) - E-mail - 11.3.21 November 11, 2021 (2024)

On December 16, 2019 aExhibit,Appendixwas filedinvolving a dispute betweenEddy Ralphy Mazara Aponte,and59 Maiden Lane Associates, Llc,Signature Construction Group, Inc.,for Torts - Other (Labor Law)in the District Court of Bronx County.

 
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 FILED: ERIE COUNTY CLERK 11/11/2021 02:35 PM INDEX NO. 802205/2021NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 11/11/2021 Exhibit 6FILED: ERIE COUNTY CLERK 11/11/2021 02:35 PM INDEX NO. 802205/2021NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 11/11/2021 From: Alicia Rood To: Brian M. Melber Cc: Linda Joseph; Heather Giambra Subject: TGR v. Exact Consulting Date: Wednesday, November 3, 2021 4:46:00 PM Attachments: image001.png Brian: As you know, we had agreed that—as a partial response to our subpoena—Window Specialists was to provide us with all documents relating to the Buffalo School 66 project ( which consisted of the October/November 2020 bid; the February 2021 rebid; and the April 2021 rebid) and the Butler Library project. After reviewing the documents provided by your client, it is evident the most critical documents have not been produced. As set forth below, other than publicly available specifications and drawings, the only document Window Specialists produced was a single page with the total bid amount for the Buffalo School 66 project. Obviously, what is missing includes, without limitation, the very bid documents themselves, the documents used to formulate the bids and the work papers—at a minimum—not to mention internal and external emails with respect to the development of the bids. The minimal documents provided clearly fail to comply with the subpoena which asked for ALL documents reflecting or relating to these two projects. Set forth below is a more detailed demand that the deficiencies be corrected and a deadline for doing so: Buffalo School 66 Project: Other than publicly available bidding documents, Window Specialists produced a single page “bid sheet” from April 2021. Significantly, you client failed to produce the e back-up documentation for this bid including among other things estimator notes, material lists, labor costs, mark ups etc. all of which were encompassed within the subpoena. In addition, although it appears from the documents you did produce that Window Specialists attended the first bidder meeting in September 2020, there were no documents evidencing whether Windows Specialist submitted a bid in October 2020, the original bid date, and any documents relating to that initial bid. Accordingly, we are demanding that—no later than November 9, 2021—Windows Specialist provide all documents responsive to the subpoena including all documents reflecting or relating to any prior bid submitted by Window Specialists (or a statement that no bid was submitted) and all documents used or relied upon in preparing or formulating the April 2021 bid. Butler Library for the Butler Library project, although Windows Specialist has admitted that Mr. Corcoran was the estimator for this project, Window Specialists produced no documents other than the publicly available specifications and drawings. Accordingly, we are demanding that no later than—no later than November 9, 2021—Window Specialists provide all documents responsive to the subpoena including all documents reflecting or relating to any bid submitted by Window Specialists, including documents used to formulate or prepare the bid. Alicia ALICIA C. ROOD, ESQ.FILED: ERIE COUNTY CLERK 11/11/2021 02:35 PM INDEX NO. 802205/2021NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 11/11/2021 SCHRODER JOSEPH & ASSOCIATES LLP 394 Franklin Street Buffalo, New York 14202 716-881-4928 (OFFICE) 716-912-3813 (CELL) arood@sjalegal.com SJA is a member of the Employment Law Alliance and the National Association of Minority and Women Owned Law Firms. 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