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Katzoff v. BSP Agency LLC

Plaintiff's Motion for Production of Documents That Relate to Dismissed Claims Is Denied

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 53, 54, 55, 56, 57, 58, 59, 60, 64, 65, 66, 67, 68, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80 were read on this motion to/for DISCOVERY. DECISION + ORDER ON MOTION In this action alleging defendants’ wrongful conduct, including tortious interference with non-party Brian Galligan’s contracts with plaintiffs, plaintiffs move under CPLR 3124 for an order compelling defendants to produce documents in response to plaintiffs’ first set of document requests. Plaintiff Gerald Katzoff is the Chairman and Manager of the Il Mulino restaurant group (Il Mulino) which is co-owned and co-operated by non-party Brian Galligan, an experienced restauranteur (NYSCEF # 1 — complaint, 2). In 2002, Katzoff provided the capital for the acquisition of the original Il Mulino restaurant while Galligan agreed to use his expertise to operate the restaurant (id.,

46-48). Plaintiff GFB Restaurant Corp. (GFB) is the entity that owns the original Il Mulino restaurant. Under Katzoff and Galligan’s partnership, Il Mulino eventually expanded from a single location into a fine dining restaurant group with sixteen locations (id., 52). Beginning in June 2015, defendants BSP Agency, LLC, Providence Debt Fund III, L.P., Benefit Street Partners SMA LM L.P., Benefit Street Partners SMA-C L.P., Providence Debt Fund III Master (Non-US) Fund L.P., and Benefit Street Partners SMA-C SPV L.P. (collectively, BSP) entered into various agreements with non-party borrowers (Borrowers) to provide loans to Il Mulino restaurants for their expansion (id.,

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