EFTA00729781.pdf

PETER R EDELMAN WYTORPIEVATIJM 110 EAST )9THSTREET NEW YORK,NEW YORK 10022 DATE: September 02, 2010 pr.rAR DELIVER TO: Darren K. I yke, Esq. RECIP ::4T'S FAX NUMBER: CC: is Ian Barthod CLIEN MATTER NUMBER: Epstein w. Fancelli TOTAL UMBER OF PAGES: Cover plus 2 Please see attached .2SIMILE ONLY C .:GINAL BY FCM THE INFORMATION CONTAINED IN THIS TRANS MISSION IS ATTORNEY .CLIENT PRIVILEGED AM) CONFI DENTIAL AAV INTENDED ONLY FOR THE laND4D RECIPIENTS . IF THE READER OF THIS TRANSMISSION IS NOT THE MANED RECIPIENT, YOU ARE hEREBY NOTIFIED THAT ANY DISSEN7NATZoN, D7sTRILMION OR COPY OF THE COWIUN/C.ATTOW IS STRICM PROHIBITED IF . YOU RAVE RECEIVED THIS CCIONK/CA ION ZN ERROR, PLEASE AKYRIFY 1W BY TELEPHONE AND RETURN THE TRANSMISSI ON BY U.S. POSTAL SERVICE. THANK YOU. USE 07 FACSIMILE DOSS NOT AUTHO RIZE, NOR COleENT To, SERVICE OF LEGAL PAPERS ON PETER P. =EWAN. ESQ., BY PACSINTLE.CPLR 2I03(b) (5) REQUIRES PRIOR AUTHORIZATION OR AGREEMENT POR SUCH SERVICE AND BAKE IS NOT GIVEN. EFTA00729781  PETER EDELMAN ATTOA tY AT LAW H0 EAST.9tH STREET NEW YORK, YORK 10022 September 02, 2010 By Facsiz I: Transmission: And First 4sS Mall Darren K. i::lyke, Esq. 301 East Street, 108 New Yeti dew York 10065 Re: Epstein w. ancelli Paneling, Inc. WITHO REND C Dear Mr. oske: I am trial counsel for Fancell Paneling, Inc. This letter is written in respon to our tel -Lone conversation of this wee and to your Indyk se e "Complaint" Punch List transrninci y facsimile transmission dated A gust 23, 2010. Please note that this letter is smutted "without prejudice" and neither this letter, not is tents are admissible in a c urn proceeding, should such a proceeding be commence :y Jeffrey Epstein against Fan li Paneling Inc. The terms of this letter do not preclude ii 'posing counterclaims or affi tive defenses in such an action which may be contradict/ . to the terms hereof. First, Punch List Items desi ated 1, 2, 3, and 4 should be photog transznittec raphed and me for reference to the fabricat for explanation and response to you. Second, Punch List Items de rated 5, 6, 7, and 8 refer to items March, 20 repaired in Please photograph the conditio s and transmit same to me for Client. response by my Third, Punch List Item desi tad 9 should be photog raphed and transmitted to me for r nal to my Client for response. I did note that I am advised that the CAD Plans submitted t Aolyneux did not provide for trical decorative holes patterns. Fourth, Punch List kern desi ated 10, is outside the scope of the Purch Order with :lyneux, as both sides of the sl g panels were to receive leather ase upholstery. Fifth, Punch List Items desi ted 12 and 13 are outside the scope of the Purchase O r r with Molyneux. EFTA00729782  Darren K wlyke, Esq. Septembi .I2, 2010 Page -2- Sixth, Punch List Item desi atted 11 is vague and a more del id, technical explanation to un erstand response requires a far what is sought, so that my Client can respond :ther the work requested is wi in the scope of our accomplis d technically. Information is r quired, as well, Purchase Order and can be as to what and by whom the =echoic work that was done was pelf rmed. I recommended that we agree upon an acceptable cutral expert to review the final 'ption of this Rem and if performed by my Client, e neutral's determination wheth the work was performed substantially in accordanc • rith the agreed upon description ould be binding. In this latter regard, there re ins the matter of an outstanding my Client rider the conditions of the ori 'nat Purchase Order and balance due perform e if my client were to tquested work, the matter of rei bursements and fee for same as well. must be resolved, tru er F. Edelman PFE:ernaalimei . cc: Mr 'vistian Barthod Do I i. Glasgow, Esq. EFTA00729783