Contract analysis

1. Scope and Relevance. Defendants object to any interrogatory that seeks information not relevant to the claims or defenses asserted in this action, or that is disproportionate to the needs of the case in light of the issues at stake, the amount in controversy, the parties' relative access to relevant information, and the importance of the discovery in resolving the dispute. The charter-party at issue in this litiga

2. Attorney-Client Privilege and Work Product. Defendants object to any interrogatory to the extent it calls for information or the identification of documents protected by the attorney-client privilege, the work product doctrine, or any other applicable privilege or immunity from disclosure recognized under New York law, federal law, or the law of any other applicable jurisdiction. Without limitation, Defendants spe

3. Vague and Ambiguous. Defendants object to any interrogatory that uses undefined, vague, or ambiguous terms to the extent that such language renders the interrogatory unintelligible or susceptible to multiple reasonable interpretations. To the extent Defendants respond to any such interrogatory, they do so based on their own reasonable interpretation of the language used, and Defendants reserve the right to supplem

4. Unduly Burdensome. Defendants object to any interrogatory that is unduly burdensome, oppressive, or harassing, or that imposes a burden on the responding party that is disproportionate to the likely benefit of the information sought. Defendants specifically note that TSL is a Société Anonyme headquartered in Piraeus, Greece, and that the collection, review, and translation of responsive information from Greek-lang

5. Premature Expert discovery. Defendants object to any interrogatory to the extent it prematurely seeks expert opinions, analyses, conclusions, or the identification of consulting experts in advance of the expert disclosure deadlines established in this action. Pursuant to the Preliminary Conference Order entered December 1, 2023, expert disclosures are not due until June 2024 (affirmative) and July 2024 (rebuttal).

6. Compound Interrogatories. Defendants object to any interrogatory that is compound or that contains discrete subparts, each of which constitutes a separate and independent question. Under CPLR § 3130, each such discrete subpart should be counted as a separate interrogatory. Defendants reserve the right to decline to answer compound interrogatories that, when properly counted, would exceed the permissible number of

7. Pending Motion to Dismiss. Defendants note that their Motion to Dismiss Counts III (Breach of the Implied Covenant of Good Faith and Fair Dealing) and V (Tortious Interference with Prospective Business Relations) of the Amended Complaint was filed on December 15, 2023, and remains sub judice before this Court as of the date of these responses. Defendants reserve the right to supplement, amend, or withdraw any resp

8. Continuing Obligation. These Responses and Objections are based upon information reasonably available to Defendants as of February 28, 2024. Discovery in this action is ongoing, with a discovery period extending from January 2024 through August 2024. Defendants acknowledge their continuing obligation under CPLR § 3101 to supplement their responses as additional facts or information become known. Defendants express

9. No Waiver. The assertion of any specific objection to an individual interrogatory does not constitute a waiver of any General Objection set forth herein, and the assertion of any General Objection does not constitute a waiver of any specific objection asserted in response to an individual interrogatory. Defendants' responses to individual interrogatories are made subject to and without waiver of all General Object

Clause 28 of the charter-party (NYPE 2015 form, as amended, Reference No. NW-TSL-CP-2020-1203), which was a bespoke rider clause negotiated between the parties and incorporated into the charter-party by addendum dated December 3, 2020, provides, in relevant part: "In the event of Owner's material breach of its obligations with respect to the maintenance and seaworthiness of the Vessel as set forth in Clauses 2 and 6