FILED: NEW YORK COUNTY CLERK 01/26/ :48 PM INDEX NO /2014 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/26/2018

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1 NOTE OF ISSUE ror use orctert Calendar No. (if any) I Index No /14 _S_UPREME SUPREME Court NEW YORK County, N.Y x MITCHELL GREENWOOD, AMERICAN ART and TURNER COMPANY,' CONSTRUCTION COMPANY,. Hon LYNN R. KOTLER Name of Judge assigned NOTICE FOR TRIAL [X] Trial by jury demanded Plaintiffs, [X] of all issues Filed by attorney for Plaintiffs Date summons served 01/02/2014 WHITNEY MUSEUM OF Date service completed 01/17/2014 NATURE OF ACTION OR SPECIAL PROCEEDING [ X ] Tort: [ ] Motor vehicle negligence Defendants. [ ] Medical malpractice [ ] Other tort [ ] Contract [ ] Contested matrimonial [ ] Uncontested matrimonial [ ] Tax certiorari [ ] Condemnation [X] Other (not itemized above) specify Labor Law j This action is brought as a class action [ [ This is a medical malpractice action: panel procedures prescribed by court rules pursuant to Jud. 148-a. [ j have been completed [ ] have not been completed Amount demanded $ Exceeds Jurisdictional Limitations Other relief Special preference claimed under on the ground that. Insurance carrier(s), if known: Unknown O' SACKS and SACKS, LLP COZEN O'CONNOR Attorneys for Plaintiffs Attorneys for Defendants MITCHELL GREENWOOD WHITNEY MUSEUM OF 150 Broadway, 4th Floor AMERICAN ART and New York, New York TURNER CONSTRUCTION COMPANY (212) Broadway, 16th Floor New York, New York (212) NOTE: Clerk will not accept this note of issue unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless, where applicable, the certificate of readiness previously has been filed and the panel procedures prescribed by court rules pursuant to section 148-a of the Judiciary Law have been completed. 1 of 5

2 CERTIFICATE OF READINESS FOR TRIAL (Items 1-7 must be checked), N J. served,'ott For Clerk's Use Completed Waived Not Required 1. All pleadings served... X 2. Bill of particulars served. X 3. Physical examinations completed. X 4. Medical reports exchanged. X _ 5. Appraisal reports exchanged X 6. Compliance with Rules in matrimonial actions (22NYCRR ) X 7. Discovery proceedings now known to be necessary completed X 8. There are no outstanding requests for discovery. X 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR ). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR The case is ready for trial. Dated: NEW YORK, NEW YORK January 26, 2018 l, DEVON REIFF, ESQ. SACKS AND SACKS, LIt Attorneys for Plaintiffs MITCHELL GREENWOOD 150 Broadway, 4th Floor New York, New York of 5

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X MITCHELL GREENWOOD, AFFIRMATION OF COMPLIANCE Plaintiffs, Index No.: /_I_4 WHITNEY MUSEUM OF AMERICAN ART and TURNER CONSTRUCTION COMPANY, Defendants x â - â â â â â â â â - â -- â â â â â â â â â Devon Reiff, ESQ., an attorney duly admitted to practice in New York State and is a member of the firm SACKS AND SACKS, LLP, attorneys for plaintiffs herein, under the penalty of perjury, affirms as follows: 1. I am fully familiar with the facts and circumstances of this action based upon a review of the case file and the investigation materials contained therein. 2. This affirmation is submitted in connection with the filing of a Note of Issue. 3. Filing of this note of issue is pursuant to the status conference order of the Honorable Lynn R. Kotler dated January 9, All depositions have been held. 5. Defendants physical examinations of plaintiff were held. 6. All relevant witness information, party statements and medical records, reports and/or authorizations have been exchanged. Plaintiffs reserve their right to exchange expert witness disclosure, including but not limited to a life care plan, an economist for loss earnings and economic analysis for future medical cost up until the time of trial. WHEREFORE, plaintiff respectfully requests that the instant matter be promptly placed on the trial calendar. DATED: NEW YORK, NEW YORK! January 26, 2018 Devon Reiff, Esq. l ) 3 of 5

4 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) )ss.: Samantha Cornielle, being duly sworn, deposes and says: That deponent is not a party to the action, is over 18 years of age and resides in Hudson County, State of New Jersey. That on the ~~ day of January, 2018 deponent served the within NOTE OF ISSUE, CERTIFICATE OF READINESS and AFFIRMATION OF COMPLIANCE upon: TO: COZEN O' O'CONNOR Attorneys for Defendants WHITNEY MUSEUM OF AMERICAN ART and TURNER CONSTRUCTION COMPANY 45 16th Broadway, Floor New York, New York (212) respectively, being the addresses designated by said attorneys for that purpose by of same enclosed in a postpaid properly addressed wrapper, in an official depository care and custody of the U.S. Postal Service within the State of New Yode. c depositing a true copy under the exclusive Samanth Co t tiie r. SWo 'n to before me ll s ty day of January, 2 18 NOTARY R<~ ', gt+ PUBLIC LENNICE DELAINE Notary Public, State of New York No 01DE Qualified in Richmond County Commission Exptres March 23, of 5

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X MITCHELL GREENWOOD, Plaintiff, Index No.: /14 WHITNEY MUSEUM OF AMERICAN ART and TURNER CONSTRUCTION COMPANY, Defendants. X NOTE OF ISSUE, CERTIFICATE OF READINESS AND AFFIRMATION OF COMPLIANCE Sacks and Sacks, LLP 150 Broadway, 4th FlOOr New York, New York T: (212) F: (212) of 5