FILED: NEW YORK COUNTY CLERK 07/23/ :35 AM INDEX NO /2015 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 07/23/2018

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1 NADINE RIVELLESE Consolidated Attorney For Edison 4 Irving Place of New York, Inc. Tel. No. (212) Counselors: Enclosed herein is Consolidated Edison of New York, Inc.'s: O Demand for a Verified Bill of Particulars O Demand for Medical Records and Employment Records and Authorizations O Notice of and Inspection for Medicaid/ Medicare Liens and Inspection O Combined Demand and Inspection of Phintiff and Inspection of The City of New York Third Party Notice for and Inspection O Notice of and Inspection for Collateral Source Relisbursement O Demand for Expert Witness Information O Notice of Refusal to Accept Service by Facsimile Notice to Take Deposition Upon Oral Questions and Inspection for Reimbursement for Property Damage O First Notice to Produce Documents O Demand Pursuant to CPLR 2103(e) O O The undersigned certifies that to the best of my knowledge, information and belief that, as presented, served and/or filed, they are not frivolous as defined in Section and (c) of the Rules of the Chief Administrator of the Courts (22 N.Y.C.R.R.) (a) Very truly yours, Nadi Rivellese I By: 1 of 7

2 JMF:cg SUPREME COURT OF THE STATE OF NEW YORK 07/17/18 COUNTY OF NEW YORK ANTOINETTE GELMONT, INDEX /15 NO.! CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC, RLJ III-DBT METROPOLITAN MANHATTAN, LP, CARLO LIZZA & SONS PAVING, INC., FERRAN ENTERPRISE, INC., FERRAN CONTRACTING CORP. d/b/a FERRAN ENTERPRISE,INC., TRIUMPH THIRD PARTY NOTICE FOR DISCOVERY AND INSPECTION CONSTRUCTION CORP., and SAFWAY ATLANTIC, LLC, Defendants. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CLEAN UP SERVICES, INC., Defendant. COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3120, the undersigned defendant herewith demands that you produce the authorizations specified and for the discovery and inspection of the records demanded, with leave to photocopy, at the office of the undersigned within twenty (20) days from the date hereof the following: 1. The names and addresses of any witnesses. 2 of 7

3 2. Statements relating to this action. 3. Photographs of the scene of the occurrence including progress photographs. At the time of trial, an objection will be made to the admissibility of any photographs not produced. State in the no photographs are in your possession. reply if 4. Identify each person expected to be called as an expert witness at trial. Disclose in reasonable detail: a) The subject matter on which each expert is expected to testify; b) the substance of the facts and opinions on which each expert is expected to testify; c) the qualifications of each expert witness; and, d) a summary of the grounds for each expert's opinion. 5. Accident reports relating to plai 2f's alleged accident. 6. The names and addresses of all employees and supervisors who performed work at the location. 7. All daily job records, logbook entries, time sheets, payroll records, inspection reports and billing records. 8. Copies of contracts and/or sub-contracts for the work at the location of the incident. 9. A complete copy, including endorsements, of all policies. liability insurance In lieu of appearing at the stated time and place, you may send by the time required the authorizations and copies of the demanded documents with a statement that you are producing them pursuant to this notice. PLEASE TAKE FURTHER NOTICE, that these demands shall be deemed 3 of 7

4 to continue during the pendency of this action, including the trial thereof. In the event of refusal to comply with these demands, the defendant shall seek the appropriate sanctions at or prior to the time of trial. Dated: New York, New York. July 17, Yours, etc., NADINE RIVELLESE Attorney for Consolidated Edison of New York, Inc. Plaintiff 4 Irving Place TO: LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant CLEAN UP SERVICES, INC. 77 Water Street - 21st Floor New York, NY FNO of 7

5 JMF:cg SUPREME COURT OF THE STATE OF NEW YORK 07/17/18 COUNTY OF NEW YORK ANTOINETTE GELMONT, INDEX /15 NO. CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC, RLJ III-DBT METROPOLITAN MANHATTAN, LP, CARLO LIZZA & SONS PAVING, INC., FERRAN ENTERPRISE, INC., FERRAN CONTRACTING CORP. d/b/a FERRAN ENTERPRISE,INC., TRIUMPH NOTICE TO TAKE DEPOSITION UPON ORAL QUESTIONS CONSTRUCTION CORP., and SAFWAY ATLANTIC, LLC, Defendants. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CLEAN UP SERVICES, INC., Defendant. COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Article 31 the deposition, upon oral questions, will be taken of phintiff, ANTOINETTE GELMONT, defendants, CITY OF NEW YORK, RLJ III-DBT METROPOLITAN MANHATTAN, LP, CARLO LIZZA & SONS PAVING, INC., FERRAN ENTERFRISE, INC., FERRAN CONTRACTING CORP. d/b/a FERRAN ENTERFRi5E,INC., TRIUMPH CONSTRUCTION CORP., SAFWAY ATLANTIC, LLC, and third-party defendant, CLEAN UP SERVICES, INC., by an officer having knowledge of the facts, or one of FNO of 7

6 its/their respective agents, servants and/or employees, before a person authorized by the State of New York to administer oaths, at The Law Offices of Nadine Rivellese, 4 li-sing Place, New York, New York 10003, at 10:00 a.m. on a date to be ageed upon 1,el.ccc - the parties, with respect to all evidence, material and necessary in the prosecution or defense of this action. This person to be examined is required to produce all relevant books, papers and other things in his possession, custody or control, to be marked as exhibits and used on the examination. Dated:New York, New York July 17, Yours, etc., NADINE RIVELLESE Attorney for Consolidated Edison of New York, Inc. Plaintiff 4 Irving Place TO: LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant CLEAN UP SERVICES, INC. 77 Water Street - 21st Floor New York, NY LAW OFFICE OF JOSEPH I. ORLIAN, PC Attorneys for Plaintiff 277 Broadway - Suite 408 New York, NY ZACHARY W. CARTER, ESQ. Corporation Counsel Attomeys for City of New York 100 Church Street - 4th Floor 6 of 7

7 LESTER, SCHWAB, KATZ & DWYER, LLP RLJ III-DBT METROPOLITAN MANHATTAN, LP 100 Wall Street New York, NY LAW OFFICES OF SAFRANEK, COHEN & KROLIAN CARLO LIZZA & SONS PAVING, INC. One Water Street, 4th Floor White Plains, NY BRILL & ASSOCIATES, PC FERRAN ENTERPRISE, INC. 111 John Street, Suite 1070 New York, NY AHMUTY, DEMERS & MCMANUS, ESQS. TRIUMPH CONSTRUCTION CORP., 199 Water Street, 16th ploor New York, NY of 7