FILED: KINGS COUNTY CLERK 02/26/ :24 PM INDEX NO /2015 NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 02/26/2018

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JOSE CASQUETE, Index No.: /2015 ECF Plaintiff, CERTIFICATION -against- HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN DEVELOPMENI' YOUTH CORPS, INC., ENY DEVELOPMENT WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC and NOTIAS LLC, CONSTRUCTION, INC., Defendants. X C O U N S E L: Pursuant to 22 NYCRR , the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Demand Pursuant to CPLR 3017(c) Verified Answer with Cross Claims to Second Amended Verified Complaint Demand for a Verified Bill of Particulars Combined Demands Demand for Medical Bills/Billing Authorizations Notice of Deposition Notice of Revocation of Service by Fax Demand for Social Media/Networking Authorizations & Notice to Preserve Dated: New York, New York February 26, 2018 Yours, etc. Law Office O. JAMES J. JO EY By: La a Messing Attorneys for Defendant NOTIAS CONSTRUCTION, Inc. 1 of 41

2 Mailing Address P.O. Box 2903 Hartford, CT Office Address 485 Lexington Avenue, 7* Floor New York, NY T: (917) F: (877) Matter No.: LM TO: DOUGLAS LONDON, P.C. Alicia Ellsayed, Esq. Attorneys for Plaintiff Maiden Lane, 6 F1 New York, NY T: (212) ~a4 GENNET, KALLMAN, ANTIN, SWEETMAN & NICHOLS, P.C. Alan L. Korzen Attorneys for Defendants HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., ENY DEVELOPMENT, LLC and WINNRESIDENTIAL (NY) LLC 225 Broadway, Suite 1203 New York, NY T: (212) File No.: : J RIVKIN RADLER LLP Janine L. Peress, Esq. Attorneys for Defendant BRP CONSTRUCTION GROUP, LLC 926 RXR Plaza Uniondale, NY T: (516) File No.: EAST NEW YORK URBAN YOUTH CORPS, INC. 539 Alabama Avenue Brooklyn, NY of 41

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JOSE CASQUETE, Index No.: /2015 ECF Plaintiff, DEMAND PURSUANT -against- TO CPLR 3017(c) HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC and NOTIAS CONSTRUCTION, INC., Defendants X C O U N S E L: Pursuant to CPLR 3017(c) within fifteen (15) days from the date of service of this request, you are hereby required to set forth the total damages to which plaintiff deems himself entitled and list same separately for each cause of action. Dated: New York, New York February 26, 2018 Yours, etc. LAW OFFICE OF JAMES J. TOOMEY By: Laura Messing Attorneys for Defendant NOTIAS CONSTRUCTION, Inc. Mailing Address P.O. Box 2903 Hartford, CT Office Address 485 Lexington Avenue, New York, NY T: (917) F: (877) * Floor Matter No.: LM 3 of 41

4 TO: DOUGLAS LONDON, P.C. Alicia Ellsayed, Esq. Attorneys for Plaintiff 59 Maiden Lane, 681 F1 New York, NY T: (212) GENNET, KALLMAN, ANTIN, SWEETMAN & NICHOLS, P.C. Alan L. Korzen Attorneys for Defendants HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., ENY DEVELOPMENT, LLC and WINNRESIDENTIAL (NY) LLC 225 Broadway, Suite 1203 New York, NY T: (212) File No.: : J RIVKIN RADLER LLP Janine L. Peress, Esq. Attorneys for Defendant BRP CONSTRUCTION GROUP, LLC 926 RXR Plaza Uniondale, NY T: (516) File No.: EAST NEW YORK URBAN YOUTH CORPS, INC. 539 Alabama Avenue Brooklyn, NY of 41

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JOSE CASQUETE, Index No.: /2015 ECF Plaintiff, VERIFIED ANSWER WITH CROSS CLAIMS TO -against- SECOND AMENDED HPENY HOUSING DEVELOPMENT FUND NE%' COMPANY, INC., EAST NEW Y ORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP. CONSTRUCTION GROUP, LLC and NOTIAS CONSTRUCTION, INC., VERIFIED COMPLAINT X Defendants. X C O U N S E L: The defendant, NOTIAS CONSTRUCTION, INC., by their attorneys, THE LAW OFFICE OF JAMES J. TOOMEY, answering the Second Amended Verified Complaint of the plaintiff, alleges upon information and belief, the following: ANSWERING A FIRST CAUSE OF ACTION 1. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Second Amended Verified Complaint cc tt cc2ss cc3'st cc4s\ cc5'tt cc6tt cc7tt cc8st cc9st cc pst cc s's cc 2'st cc st cc 6ts cc 7st cc 8'tt designated "1", t "2", t "3", t "4", t "5", t "6", t "7", t "8", s "9", t "10", t "11", I "12", "15", "16", "17", "18", cc19st cc20st cc21st cc22sr cc23tt cc24st cc25st cc26tt cc27st cc28st cc29st cc3ptt 1st cc32tt cc33st cc34tt "19", "20", "21", "22", "23", t "24", "25", "26", "27", "28", "29", 't "30", "31", "32", t "33", "34", cc35tt cc36ss cc37st cc38st cc39st cc40st cc41st cc42tt cc43st cc44tt cc45st cc46ss cc47ss cc48ts cc49ss cc5ptt "35", "36", "37", "38", "39", s "40", 't "41", "42", t "43", "44", "45", "46", t "47", s "48", t "49", t "50", "51", st cc52tt "52", cc53tt "53", cc54st "54", cc55st "55", cc56ts "56", t cc57ss cc58st "57", "58", cc59st cc60ss "59", "60", cc61ss "61", t cc62st "62", cc63st "63", cc64tt "64", cc65tt "75" "65", and "78". 2. Denies each and every allegation contained in the paragraphs of the Second Amended Verified Complaint designated "66", "67", "68", "69", "70", "71", "72", "73", "74", 5 of 41

6 "76", "77", "79", "80", "81", "83", "84", and respectfully refers all questions of law to this Honorable Court. 3. Denies each and every allegation contained in the paragraph of the Second Amended Verified Complaint designated "82", "85", "86", "87", "88", "89" and "90". AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 4. That the plaintiffs alleged damages representing the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss were or will, with reasonable certainty, be replaced or indemnified, in whole or in part, by or from a collateral source and this Court shall, pursuant to CPLR Section 4545, reduce the amount of such alleged damages by the amount such damages were or will be replaced or indemnified by such collateral source. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: 5. This party's responsibility for non-economic loss, if any, which is expressly denied herein, is less than 50% of any responsibility attributed to any tortfeasor, whether or not a party hereto, who is or may be responsible for the happening of plaintiffs alleged accident and, thus, this party is entitled to a limitation of damages as set forth in CPLR Article 16. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: 6. The injuries and damages allegedly sustained by plaintiff were caused in whole or in part by the culpable conduct of plaintiff, including negligence and assumption of risk, as a result of which the claim of plaintiff is therefore barred or diminished in the proportion that such culpable conduct of plaintiff bears to the total culpable conduct causing the alleged injuries and damages. 6 of 41

7 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: 7. Upon information and belief plaintiff(s) failed to mitigate damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: 8. Plaintiff s injuries, if any, were caused by the culpable conduct of parties other than the answering defendant and over when defendant had no control. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: 9. That plaintiff s own actions were the sole proximate cause of any claimed injuries sustained by plaintiff. AS AND FOR A FIRST CROSS-CLAIM FOR COMMON LAW INDEMNlFICATION AGAINST CO-DEFENDANTS, HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC, THIS DEFENDANT ALLEGES THE FOLLOWING: 10. That if plaintiff(s) was (were) caused to sustain injuries and/or damages at the time and place set forth in the Second Amended Verified Complaint through any carelessness, recklessness and/or negligence other than the plaintiff's own, such damages were sustained in whole or in part due to the primary and active carelessness, recklessness and negligence and/or negligent acts of omission or commission of the co-defendant, its agent(s), servant(s) and/or employee(s) with the negligence of this answering defendant(s), if any, being secondary, derivative and created solely by operation of law. 11. If plaintiff(s) should recover judgment against the answering defendant(s), then co-defendant(s) shall be liable to fully indemnify this answering defendant(s) for the amount of any recovery obtained herein by plaintiff(s) against this answering defendant(s) as the Court or jury may direct. 7 of 41

8 12. That by reason of this action, answering defendant(s) has (have) been and will be put to costs and expenses, including attorneys' fees, and, this defendant(s) demands judgment dismissing the Second Amended Verified Complaint herein as to this defendant(s) and, further, demands judgment over and against co-defendant(s) for the amount of any judgment which may be obtained herein by the plaintiff(s) against this answering defendant(s) or in such amount as a Court or jury may determine, together with the costs and disbursements of the action. AS AND FOR A SECOND CROSS-CLAIM FOR CONTR1BUTION/NEGLIGENCE LAW AGAINST CO-DEFENDANTS, HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC, THIS DEFENDANT ALLEGES THE FOLLOWING: 13. That if plaintiff(s) was (were) caused to sustain injuries and/or damages at the time and place set forth in the Second Amended Verified Complaint through any carelessness, recklessness and/or negligence other than the plaintiff's own, such damages were sustained in whole or in part by any reason of the carelessness, recklessness and negligence and/or negligent acts of omission or commission of co-defendant(s), its agent(s), servant(s) and/or employee(s). 14. Further, if plaintiff(s) should recover judgment against this answering defendant(s), the co-defendant(s) shall be liable to this defendant on the basis of apportionment of responsibility for the alleged occurrence and this defendant is entitled to contribution from and judgment over and against co-defendant(s) for all or part of any verdict or judgment which plaintiff(s) may recover in such amounts as a jury or Court may direct. 15. This defendant(s) demands judgment dismissing the Second Amended Verified Complaint herein as to the answering defendant(s), and further demands judgment over and against co-defendant(s) for the amount of any judgment which may be obtained herein by 8 of 41

9 plaintiff(s) against this answering defendant(s) or in such amount as the Court or jury may determine, together with the costs and disbursements of the action. AS AND FOR A CROSS-CLAIM FOR CONTRACTUAL INDEMNIFICA TION AGAINST CO-DEFENDANTS, HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC, THIS DEFENDANT ALLEGES THE FOLLOWING: 16. That if plaintiff(s) was (were) caused to sustain injuries and/or damages at the time and place set forth in the Second Amended Verified Complaint through any carelessness, recklessness and/or negligence other than the plaintiff's own, such damages were sustained in whole or in part by any reason of the carelessness, recklessness and negligence and/or negligent acts of omission or commission of co-defendant(s), its agent(s), servant(s) and/or employee(s). 17. That co-defendant(s) and this answering defendant(s) duly entered into a contract/agreement/lease wherein co-defendant(s) agreed to hold harmless, fully indemnify and assume the defense of this defendant(s) and that such contract/agreement/lease was in full force and effect on the date of the incident made the subject of this litigation. The relevant terms of such contract are hereby incorporated by reference as if same were more fully set forth herein. 18. That by reason of the foregoing, co-defendant(s) will be liable to fully indemnify this defendant(s) for the amount of any recovery which may be obtained herein by plaintiff(s) against this answering defendant(s) or, in such amount as a Court or jury may determine, together with the costs and disbursements of the action. 19. That by reason of this section, this defendant(s) has/have been and will be put to costs and expenses, including attorneys' fees. 20. That demand has been made upon co-defendant to assume all responsibilities under such agreement and said demand has been wrongfully refused. 9 of 41

10 WHEREFORE, defendant demands judgment dismissing plaintiff s Second Amended Verified Complaint against it, together with the costs and disbursements of this action, and further demands that in the event said answering defendant is found liable to plaintiff herein, then said answering defendant, on the basis of apportionment of responsibility, have judgment over and against co-defendants, for all or part of the verdict or judgment that plaintiff may recover against said answering defendant together with the costs and disbursements of this action and for any expenses incurred by it in the defense thereof, including attorney fees. Dated: New York, New York February 26, 2018 Yours, etc. Law 0ficeof JAMES J. TOOMEY By: Laura Messing Attorneys for Defendant NOTIAS CONSTRUCTION, Inc. Mailing Address P.O. Box 2903 Hartford, CT Office Address 485 Lexington Avenue, 7* Floor New York, NY T: (917) F: (877) Matter No.: LM TO: DOUGLAS LONDON, P.C. Alicia Ellsayed, Esq. Attorneys for Plaintiff 59 Maiden Lane, 6* F1 New York, NY T: (212) GENNET, KALLMAN, ANTIN, SWEETMAN & NICHOLS, P.C. Alan L. Korzen Attorneys for Defendants HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., ENY DEVELOPMENT, LLC and 10 of 41

11 WINNRESIDENT)AI (NY) LI C 225 Broadway, Suite 1203 New York, NY T: (212) File No.: : J R1VKIN RADT ER LLP Janine L. Peress, Esq. Attorneys for Defendant BRP CONSTRUC 110N GROEP, 11C 926 RXR Plaza Uniondale, NY T: (516) File No.: EAST NEW YORK URBAN YOUTH CORPS, INC. 539 Alabama Avenue Brooklyn, NY l 1 11 of 41

12 ATTORNEYVERIFICATION LAURA MESSING, affirms as follows: I am an attorney at law admitted to practice in the Courts of the State of New York, and am associated with The Law Office of JAMES J. TOOMEY, attorneys for defendant in the within action, and as such, I am fully familiar with all the facts and circumstances therein. That the foregoing Answer is true to the knowledge of affirmant, except as to those matters therein stated to be alleged upon information and belief, and that as to those matters affirmant believes it to be true. Affirmant further states that the reason that this verification is made by affirmant and not by defendant is that the defendant is not within this County of New York where affirmant maintains her office. Affirmant further states that the sources of her knowledge and information are reports of investigations, conversations, writings, memoranda, and other data concerning the subject matter of the litigation. The undersigned attorney affirms that the foregoing statements are true, under the penalties of perjury pursuant to Rule 2106 of the CPLR. Dated: New York, New York February 26, 2018 LAURA SING, ESQ. 12 of 41

13 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JOSE CASQUETE, Index No.: /2015 ECF Plaintiff, DEMAND FOR A VERIFIED BILL -against- OF PARTICULARS HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC and NOTIAS CONSTRUCTION, INC., X Defendants. IRB C O U N S E L: iyotice' PLEASE TAKE NOTICE that this answering party, represented by the Law Office of JAMES L TOOMEY, the undersigned attorneys, requires that you serve upon said attorneys within thirty (30) days after service upon you of a copy of this demand, a Verified Bill of Particulars, setting forth the following: 1. Give the day, date and exact time of the occurrence alleged in the Complaint. 2. With respect to the location where it is alleged the occurrence took place, state: (a) the address of the premises in, at or near where the occurrence took place; (b) the location where the occurrence took place as nearly as may be stated so as to permit ready identification and location; (c) with regard to any stairway involved, specify the location of the stairway and of the step from which plaintiff claims to have fallen (street or ground floor to be counted as the first floor); ' (d) with regard to any sidewalk involved, the location of the condition of the sidewalk, setting forth the distance from the nearest curb or intersecting street or from the building line or from another described fixed object; (e) with regard to any other floor or other surface, the location thereof in sufficient detail to permit ready identification and location and 13 of 41

14 by distance from at least three described fixed objects; (f) the location within the premises of any involved equipment, party or appurtenance (describe in adequate detail to permit ready identification and location); (g) with regard to any elevator involved the specific elevator involved (if there were more than one) and on what floor (or between what floors) was the elevator at the time of the occurrence. 3. Statement of the acts or omissions constituting the negligence claimed, if any, of the answering defendant. 4. If any dangerous or defective condition is alleged: (a) State the nature of the alleged dangerous or defective condition; (b) set forth the exact location of the defect; (c) state whether it will be claimed that the answering defendant had actual or constructive notice of the said condition; (d) if actual notice is claimed, a statement of when and to whom same was given, stating the names and dates; (e) if it is alleged that the answering defendant or the agent, servant, and/or employee of the answering defendant caused of created the condition, state the name of the person who caused or created the condition and the date when said condition was caused or created; (f) if constructive notice is claimed, state: (i) nature of condition; (ii) location of condition; (iii) duration of condition with date of inception to date constructive notice will be claimed to be given the answering defendant. 5. If it is claimed that the answering defendant breached any agreement, bailment, contract, lease, permit or warranty, or is liable pursuant to the terms of any agreement, bailment, contract, lease permit or warranty: (a) state whether such agreement, bailment, contract, lease, permit or warranty was oral or in writing; 14 of 41

15 (b) If oral: (i) On what date was said agreement, bailment, contract, lease, permit or warranty entered into? (ii) Who acted on behalf of each party to it? (iii) Set forth all of the terms and conditions of the agreement, bailment, contract, lease permit or warranty. (c) If in writing, set forth a full, true and complete copy of the agreement, bailment, contract, lease, permit or warranty. 6. State the manner in which it will be claimed that the answering defendant breached its agreement, bailment, contract, lease, permit or warranty. 7. If strict liability is claimed against the answering defendant, state: (a) the nature and basis of same; and (b) the manner in which the answering defendant is strictly liable; 8. If a nuisance and/or trespass is claimed, (a) conditions allegedly constituting same; (b) nature of said condition; and (c) length of time it was in existence prior to the date of the occurrence. 9. If res ipsa loquitor is claimed against the answering defendant, state the nature and basis of same. 10. If it is claimed that the answering defendant violated any law, ordinance, regulation, rule or statute, specify the title, chapter and section of the law, ordinance, regulation, rule or statute which it is alleged that the answering defendant violated. 11. State with respect to each plaintiff: (a) Plaintiffs place and date of birth, all other names by which each plaintiff has ever been known, and social security number. If plaintiff is a married woman, state maiden name. (b) Plainti6's occupation at the time of the occurrence, with a 15 of 41

16 description of plaintiffs duties; (c) The name and address of plaintiffs employer at the time of the alleged occurrence. (d) The daily or weekly earnings (gross and net) at the time of the occurrence. (e) If plaintiff was self-employed, set forth the business name and address of plaintiff and the annual income (gross and net) of plaintiff from said business. (f) Whether plaintiff was incapacitated from said employment; if so, the length of time including the specific dates that plaintiff was allegedly incapacitated from attending to said employment. (g) If plaintiff was a student, the name and address of the school attended and the dates, if any when plaintiff was absent from school. 12. Set forth the total amounts claimed to have been spent or incurred by or on behalf of each plaintiff (setting forth the name of each provider of services along with the amount of the bill and dates of treatment or consultation) for: (a) hospital, clinic or other medical institutions expenses; (b) x-rays; (c) physician and other health provider services; (d) nurses' services; (e) medical supplies; (f) loss of earnings and the basis of computation thereof; and (g) amount and nature (describing in detail of any other special damages claimed). 13. Set forth each and every injury and/or condition allegedly sustained by each plaintiff as a result of the said occurrence indicating: (a) its nature, extent, location and duration; (b) a complete description of any injury and/or condition claimed to be residual or permanent; and 16 of 41

17 (c) the name and address of each physician or other medical practitioner treating or examining plaintiff; the date of each visit; and whether treatment has ceased or is continuing. 14, Give the length of time and specific dates it is claimed that each plaintiff was confined, by reason of the alleged injuries: (a) to bed; (b) to house; and (c) if treated at or confined to a hospital or other medical facility, state the name and address thereof, and the dates of admission and discharge. 15. Pursuant to CPLR 3118 demand is hereby made that you furnish the undersigned with a verified statement setting forth the office address and residence of each plaintiff indicating the street and number, City and State. PLEASE TAK E FURTHER NOTICE, that in the event you have no knowledge of any or all of the above, same shall be so stated. PLEASE TAKE FURTHER NOTICE, that these are continuing demands and supplemental responses up to the time the case is placed on the trial calendar are required. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish such a Bill of Particulars within the said period of thirty (30) days, a motion will be made for an order precluding you from giving any evidence at the trial of the above items for which particulars have not been delivered in accordance with said demand. Dated: New York, New York February 26, 2018 Yours, etc. Law office of JAMES J. TOOMEY By: Laura Messing Attorneys for Defendant NOTIAS CONSTRUCTION, Inc. Mailing Address P.O. Box 2903 Hartford, CT of 41

18 Office Address 485 Lexington Avenue, New York, NY T: (917) F: (877) * 7 Floor Matter No.: LM TO: DOUGLAS LONDON, P.C. Alicia Ellsayed, Esq. Attorneys for Plaintiff 6* 59 Maiden Lane, 6 F1 New York, NY T: (212) GENNET, KALLMAN, ANTIN, SWEETMAN & NICHOLS, P.C. Alan L. Korzen Attorneys for Defendants HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., ENY DEVELOPMENT, LLC and WINNRESIDENTIAL (NY) LLC 225 Broadway, Suite 1203 New York, NY T: (212) File No.: : J RIVKIN RADLER LLP Janine L. Peress, Esq. Attorneys for Defendant BRP CONSTRUCTION GROUP, LLC 926 RXR Plaza Uniondale, NY T: (516) File No.: EASTNEW YORK URBAN YOUTH CORPS, INC. 539 Alabama Avenue Brooklyn, NY of 41

19 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JOSE CASQUETE, Index No.: /2015 ECF Plaintiff, COMBINED DEMANDS -against- HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC and NOTIAS CONSTRUCTION, INC., Defendants X C O U N S E L: PLEASE TAKE NOTICE, that the undersigned hereby makes the following demands upon you, returnable at the office of the undersigned on March 26, Demand for the Names and Addresses of all Witnesses; 2. Demand for Expert Information; 3. Demand for the Discovery and Inspection of any Statement by or on behalf of a Party Represented by the Undersigned; 4. Notice of Discovery and Inspection for Medical Information and Authorizations; 5. Notice of Discovery and Inspection of Photographs; 6. Notices of any liens and listings of all bills for medical providers submitted to Medicare/Medicaid; and 7. Demand for Income Tax Returns. 8. Demand for Collateral Source. 19 of 41

20 That, in lieu of the foregoing, you may submit readable photocopies of the aforesaid documents by mailing them to the Law Office of James J. Toomey, P.O. Box 2903, Hartford, CT , on or before the date the documents are to be produced. DEMAND FOR THE NAMES AND ADDRESS OF WITNESSES PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR 3101(a), that you set forth in writing and under oath, the name and address of each person claimed by any party you represent, to be a witness to any of the following; (a) The occurrence alleged in the Complaint; or (b) Any acts, omissions or conditions which allegedly caused the occurrence alleged in the Complaint; or (c) Any actual notice allegedly given to defendant or any servant, agent or employee of defendant of any condition which allegedly caused the occurrence alleged in the Complaint; or (d) The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Complaint. If no such witnesses are known to you, so state in the sworn reply to this Demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. DEMAND FOR EXPERT INFORMATION PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR Section 3101(d), that you set forth, in writing and under oath, the following information for each party you represent, after each expert is retained and prior to filing a Note of Issue: (a) The name and business affiliation of each expert witness each party will call to testify at trial or whose opinion will be relied upon by any witness testifying at trial and the qualifications of each such expert in the field in which he will be offered to testify. (b) The substance of the facts and opinions on which each expert is expected to testify. (c) Each factual basis for said expert's opinion. (d) The dates of all oral and written reports provided by each expert. If no such witnesses are known to you, so state in the sworn reply to this Demand. The undersigned will object upon trial to the testimony of any witness not so identified. 20 of 41

21 DEMAND FOR THE DISCOVERY AND INSPECTION OF ANY STATEMENT BY OR ON BEHALF OF A PARTY REPRESENTED BY THE UNDERSIGNED PLEASE TAKE FURTHER NOTICE, that the undersigned demands, on behalf of the party it represents in this action, that pursuant to CPLR 3101(e) and 3120, you produce at the time and place herein specified, and permit the undersigned to discover, inspect and copy each and every statement made by or taken from such party and its agents, servants or employees now in your possession, custody or control or in the possession, custody or control of any party you represent in this action, if such statement in any manner bears on the issues in this action. NOTICE FOR DISCOVERY AND INSPECTION FOR MEDICAL INFORMATION, ETC. PLEASE TAEE FURTHER NOTICE, that pursuant Section of the Federally mandated Health Insurance Portability and Accountability Act of 1996, (HIPAA), which became effective on April 14, 2003, all authorizations must be HIPAA compliant. J We hereby demand that you produce any and all HIPAA compliant authorizations (form provided) in addition to the authorizations demanded below. PLEASE TAKE FURTHER NOTICE, that pursuant to Section 3101, et seq. (including Rule 3120) of the Civil Practice Law and Rules, you are required to produce and allow discovery to be made by this answering party of the following: (a) Copies of the medical reports of those physicians or other health providers who have previously treated, consulted or examined the party seeking recovery and who will testify in its behalf for any condition caused by or exacerbated by the occurrence alleged in the complaint. These shall include but not be limited to a detailed recital of the injuries and conditions as to which testimony will be offered at the trial of this action technicians' referring to and identifying those x-ray and reports which shall be offered at the trial of this action and the date of each such treatment, consultation and examination. (b) Duly executed and acknowledged written authorizations permitting this party to obtain and make copies of all hospital or other health care facility technicians' records including x-rays and reports as may be referred to and identified in the reports of that party's physicians and other health care providers, along with the complete billing records of such provider(s) that pertain to the diagnosis, care, evaluation and treatment of the plaintiff. (c) Any and all other medical data (including CAT scans, MRI's, EEG's, EKG's, and other diagnostic tests) not hereinabove specifically referred to upon which you will rely upon or offer for consideration in the proceeding, along with the complete billing records of such provider(s) that 21 of 41

22 pertain to the diagnosis, care, evaluation and treatment of the plaintiff. (d) Any and all bills, invoices or receipts for treatment, medicines or appliances given for injuries or other physical conditions resulting from the occurrence referred to in the Complaint. (e) Fully executed and acknowledged written authorizations to obtain and copy No-Fault medical and wage records of each plaintiff from the date of the occurrence alleged in the Complaint to present setting forth the name, address, claim number and policy number for each company to which a claim has been made. (f) Fully executed and acknowledged written authorizations to obtain and copy Worker's Compensation records of each plaintiff from the date of the occurrence alleged in the complaint to present setting forth the name, address, claim number and policy number for each company to which a claim has been made. (g) Fully executed and acknowledged written authorizations to obtain records of disability benefits pursuant to Social Security Laws of each plaintiff from the date of the occurrence alleged in the Complaint to present setting forth the name, address, claim number and company to which a claim has been made. policy number for each INSPECTMA' DEMAND FOR DISCOVERY AND INSPECTION OF PHOTOGRAPHS PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of the party it represents in this action, that pursuant to Section 3101 et seq., you produce at the time and place herein specified and permit the undersigned to discover, inspect and copy any and all photographs taken of the alleged scene or place of the occurrence and/or vehicles involved and complained of which are now in your possession, custody and control, or in the possession, custody and control of any party you represent in this action, if such photograph in any manner bears upon the issues in this action. DEMAND FOR NOTICES OF ANY LIENS AND LIST1NGS OF ALL BILLS FOR MEDICAL PROVIDERS SUBMITTED TO MEDICARE/MEDICAID PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR Section 3101(a), that you set forth in writing and under oath, the following information for each party you represent, and prior to filing a Note of Issue, the following collateral source providers/potential lien holders: (a) Medicare/Medicaid; (b) Workers Compensation; 22 of 41

23 (c) Health Insurance; (d) Disability; and (e) Health Care Provider. DEMAND FOR INCOME TAX RETURNS PLEASE TAEE FURTHER NOTICE, that the undersigned demands on behalf of the party it represents in this action that you produce at the time and place herein specified and permit the undersigned to discover, inspect and copy the complete Income Tax returns for each party who is claiming or has claimed reimbursement for lost income due to the occurrence alleged in the Complaint for a three (3) year period preceding the date of the occurrence as alleged in the complaint. If said complete returns are not available, the undersigned is to be furnished with full and complete authorizations to obtain same in a form accepted by the United States Department of Internal Revenue. PLEASE TAKE FURTHER NOTICE, that all of the foregoing are continuing demands and that if any of the above items are obtained after the date of this Demand, they are to be furnished to the attorney for this party, pursuant to these demands. DEMAND FOR COLLATERAL SOURCE PLEASE TAEE NOTICE, that defendant requires that plaintiff produce for discovery, inspection and copying to undersigned counsel the following: (a) Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, copies of checks and any and all other records pertaining to collateral source reimbursement received by plaintiff or on behalf of plaintiff for the special damages alleged in the instant claim including, but not limited to, records of any person, institution, facility or government agency which has provided or will provide any reimbursement. DEMAND FOR MEDICARFJMEDICAID ELIGIBILITY INFORMATION 1. Pursuant to CPLR 3120(a) and the requirements of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. 1395(y)(b)(7) and (b)(8) provide: a.) The plaintiff's date of birth; 23 of 41

24 b.) The plaintiffs Social Security Number; c.) the plaintiff(s) Medicare Health Insurance Claim Numbers (HICNs), Medicaid file number, New York State Department of Social Services (DDS) file number, and/or Medicare Secondary Payor (MSP) file number, if applicable; d.) If the plaintiff has applied for or been awarded Medicare and/or Medicaid and/or DDS and/or MSP benefits- all information/documentation related to the application and/or award of said benefits; e.) If the plaintiff has applied for or been awarded Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), all information and documentation related to the application and/or award of said benefits; f.) If the plaintiff has been diagnosed with or treated for end-stage renal failure: (1) Copies of all written reports and medical reports of all attending physicians and health care treatrnerit,' providers related to said treatment; and (2) Duly executed unrestricted HIPAA- compliant authorizations enabling the defendant(s) attorneys to inspect, examine and copy the medical reports, x-rays, films and/or diagnostic studies, note and reports of all attending and/or examining physicians and health care providers relating to the diagnosis with or treatment for end-stage renal failure. Said fourth third-party defendant further demands that a copy of the attached authorization for use and disclosure of health information and/or a specific authorization required by each provider be executed and provided to the undersigned for use in conjunction with this demand. g ) If the plaintiff has been denied Medicate, Medicaid, SSI and/or SSDI benefits, provide all information/documentation concerning any such denial; and h.) If the plaintiff has appealed or intends to appeal the denial of Medicare, Medicaid, SSI and/or SSDI benefits, provide all information and documentation of any such appeal or intent to appeal of the denial of such benefits. i.) State whether Medicare, Medicaid and/or the Social Security Administration has a lien on any potential award, judgment or settlement in this lawsuit and, if so, state the amount of such liens and provide all information and documentation relative to these liens. 2. Pursuant to CPLR 3101(a), provide executed and acknowledged written HIPAAcompliant authorizations permitting the demanding defendant(s)' attorneys to obtain and make 24 of 41

25 copies of all Medicare records, Parts A and B, specifying the correct address of said Medicare office, along with the plaintiff's Social Security Number and file number. Said defendant(s) further demand that the plaintiff(s) complete and return the annexed Consent to Release Form f' provided by the Centers for Medicare & Medicaid Services to the undersigned for use in conjunction with this demand. 3. Pursuant to CPLR 3101(a), provide duly executed and acknowledged written HIPAA- compliant authorizations permitting the demanding defendants' attorneys to obtain and make copies of all Medicaid records, specifying the correct address of said Medicaid office, along with the plaintiff's Social Security Number and the file number. The demanding defendant(s) further demand that a signed original HIPAA- compliant Authorization for Release of Medicaid Protected Information, and/or any other specific authorization required by Medicaid be executed and provided for use in conjunction with this demand as it pertains to health information. plaintiff' 4. If the plaintiff received or applied for Social Security benefits, including but not limited to SSI or SSDI benefits, provide a duly executed and acknowledged written authorization setting forth the correct Social Security file number, allowing the demanding defendants' attorneys to obtain and make copies of all files, records, and reports of the Social Security Administration regarding the plaintiff. The demanding defendant(s) further demands that a signed original Social Security Administration Consent for Release of Information and/or any other specific authorization required by the Social Security Administration be executed and provided for use in conjunction with this demand as it pertains to health information. DEhfAM7 FOR LINGA TIOX FUNDING m IXFORMA TION AXD DOCUiVEW TS 25 of 41

26 PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR 3101, et seq., whether plaintiff, or plaintiff(s)' attorney(s), or anyone on the behalf of plaintiff or plaintiff(s) attorney(s) has entered into an agreement, contract, contingency or loan with a lender, litigation funding company, litigation lending company, medical funding company or other similar entity, company, corporation, partnership or person that is engaged in loaning money, advancing money or financially assisting you or your attorney in any aspect of this case, whether it be for payment of medical bills, litigation expenses, witness expenses, lost wages or an advancement against a portion or all of any potential recovery you may receive and if so, produce (a) The complete name and address of the lender, litigation funding company, litigation lending company, medical funding company or similar entity as described above. (b) The date on which agreement, advance or loan was made. (c) The amount of such agreement, advance or loan. (d) legible copies of including all information, including documents of any kind provided to the lender, litigation funding company, litigation lending company, either pursuant to the request of the litigation funding company, litigation lending company, or voluntarily all brochures, applications, contracts, agreements, liens, correspondence or other similar documents received by plaintiff, completed by plaintiff, anyone on behalf of plaintiff(s) or plaintiff's attorney(s) as part of the process of entering into all agreements, negotiations and contracts with a lender, litigation funding company, litigation lending company, medical funding company, or similar entity. PLEASE TAKE FURTHER NOTICE, that the provisions of CPLR 3122 govern this demand and if the party to whom the notice is directed objects to the disclosure, inspection or examination or withholds any documents which appear to be within the category of the documents required by the notice, that in the event any of the requested documents and/or items do not exist, a verified statement to that effect is to be served on the undersigned on or before the aforesaid return date. 26 of 41

27 PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply with any of these demands, the demanding defendants will apply to the Court for the appropriate relief including, but not limited to, and Order compelling compliance pursuant to CPLR 3124 and/or appropriate relief pursuant to CPLR 3126 and 22 N.Y.C.R.R. Part 130. PLEASE TAKE FURTHER NOTICE, that all demands herein shall be deemed to continue during the pendency of this action through and including the trial thereof and must be amended or supplemented properly in compliance with CPLR 3101(h). In the event any of the requested documents and/or items are obtained after the aforesaid return date, same are to be furnished to the undersigned within thirty (30) days after receipt. Dated: New York, New York February 26, 2018 Yours, etc. Law Of]fceof JAMES J. TOOMEY By: Laura Messing Attorneys for Defendant NOTIAS CONSTRUCTION, Inc. Mailing Address P.O. Box 2903 Hartford, CT Office Address 485 Lexington Avenue, New York, NY T: (917) F: (877) * 7 Floor Matter No.: LM TO: DOUGLAS LONDON, P.C. Alicia Ellsayed, Esq. Attorneys for Plaintiff 6* 59 Maiden Lane, 6 F1 New York, NY T: (212) of 41

28 GENNET, KALLMAN, ANTIN, SWEETMAN & NICHOLS, P.C. Alan L. Korzen Attorneys for Defendants HPENY 1IOUSING DEVELOPMENT ITND COMPANY. INC X'>' <.'.. ENY DEVELOPMENT,.OPXII-.X LLC and WINNRESIDENTIAl (NY1 LLC ' 225 Broadway, Suite 1203 New York, NY T: (212) File No.: : J RIVKIN RADLER LLP Janine L. Peress, Esq. Attorneys for Defendant BRP CONSTRUCTION GROUP, LLC 926 RXR Plaza Uniondale, NY T: (516) FileLJ'I No.: l 1V VV/ 1 T T 'l/vl EAST NEW YORK URBAN YOUTH CORPS, INC. 539 Alabama Avenue Brooklyn, NYN Y of 41

29 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X X JOSE CASQUETE, Index No.: /2015 ECF -against- Plaintiff, DEMAND FOR MEDICAL BILLS/BILLING AUTHORIZATIONS HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC and NOTIAS CONSTRUCTION, INC., X Defendants. X C O U N S E L: PLEASE TAKE NOTICE, that pursuant to CPLR 3101, et seq., plaintiff, JOSE CASQUETE, is to serve upon the undersigned, within thirty (30) days, the following: 1. Duly executed, original and HIPAA-compliant authorizations permitting the undersigned to secure complete copies of all of plaintiff's bills and/or billing records (including identification numbers and procedure codes), from the billing and/or accounting departments of each and every health care provider who treated, examined or consulted with plaintiff for each of the conditions allegedly caused by, or exacerbated by, the alleged occurrence herein. These authorizations must also include any necessary identification number and the date(s) of treatment. PLEASE TAKE FURTHER NOTICE, that the foregoing authorizations shall be directed to the appropriate entity with complete address of same, and shall be issued and executed in favor of the undersigned not more than thirty (30) days before receipt by the undersigned. 29 of 41

30 PLEASE TAKE FURTHER NOTICE, that the undersigned will object at trial to any offer of evidence requested herein not timely supplied in response to this notice. PLEASE TAKE FURTHER NOTICE, that unless this notice is timely and fully complied with, an appropriate application will be made seeking relief. Dated: New York, New York February 26, 2018 Yours, etc. Law office of JAMES J. TOOMEY By: Laura Messing Attorneys for Defendant NOTIAS CONSTRUCTION, Inc. Mailing Address P.O. Box 2903 Hartford, CT Office Address 485 Lexington Avenue, New York, NY T: (917) F: (877) * 7 Floor Matter No.: LM TO: DOUGLAS LONDON, P.C. Alicia Ellsayed, Esq. Attorneys for Plaintiff 6* 59 Maiden Lane, 6 F1 New York, NY T: (212) GENNET, KALLMAN, ANTIN, SWEETMAN & NICHOLS, P.C. Alan L. Korzen Attorneys for Defendants HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., ENY DEVELOPMENT, LLC and WINNRESIDENTIAL (NY) LLC 225 Broadway, Suite 1203 New York, NY T: (212) File No.: : J 30 of 41

31 R1VKIN RADLER LLP Janine L. Peress, Esq. Attorneys for Defendant BRP CONSTRUCTION GROUP, LLC 926 RXR Plaza Uniondale, NY T: (516) File No.: EAST NEW YORK URBAN YOUTH CORPS, INC. 539 Alabama Avenue Brooklyn, NY of 41

32 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X JOSE CASQUETE, Index No.: /2015 ECF -against- Plaintiff, NOTICE OF DEPOSITION HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC and NOTIAS CONSTRUCTION, INC., X Defendants. X C O U N S E L: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony upon oral examination of all adverse parties will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein at time and place stated below: TO BE DEPOSED: Plaintiff LOCATION: To be determined o' On August 27, 2018, at 10:00 clock in the forenoon of that day with respect to evidence material and necessary in the defense of this action. That the said person to be examined is required to produce at such examination all papers, records and other data pertaining to this matter. Dated: New York, New York February 26, 2018 Yours, etc. Law offee of JAMES J. TOOMEY By: Laura Messing Attorneys for Defendant NOTIAS CONSTRUCTION, Inc. Mailing Address P.O. Box of 41

33 Hartford, CT Office Address 485 Lexington Avenue, 7* Floor New York, NY T: (917) F: (877) Matter No.: LM TO: DOUGLAS LONDON, P.C. Alicia Ellsayed, Esq. Attorneys for Plaintiff Maiden Lane, 6 F1 New York, NY T: (212) GENNET, KALLMAN, ANTIN, SWEETMAN 4 NICHOLS, P.C. Alan L. Korzen Attorneys for Defendants HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., ENY DEVELOPMENT, LLC and WINNRESIDENTIAL (NY) LLC 225 Broadway, Suite 1203 New York, NY T: (212) File No.: : J RIVKIN RADLER LLP Janine L. Peress, Esq. Attorneys for Defendant BRP CONSTRUCTION GROUP, LLC 926 RXR Plaza Uniondale, NY T: (516) File No.: EAST NEW YORK URBAN YOUTH CORPS, INC. 539 Alabama Avenue Brooklyn, NY of 41

34 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X â â -- â JOSE CASQUETE, Index No.: /2015 ECF -against- Plaintiff, NOTICE OF REVOCATION OF SERVICE BY FAX HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., EAST NEW YORK URBAN YOUTH CORPS, INC., ENY DEVELOPMENT LLC, WINNRESIDENTIAL(NY) LLC, BRP CONSTRUCTION GROUP, LLC and NOTIAS CONSTRUCTION, INC., Defendants X C O U N S E L: PLEASE TAKE NOTICE, that we will not accept service of any papers by electronic means such as FACSIMILE MACHINE pursuant to CPLR Rule 2103(b)(5). The presence of any fax number on letterhead or other papers does not constitute a waiver of this Notice. Dated: New York, New York February 26, 2018 Yours, etc. Law off ice of JAMES J. TOOMEY By: Laura Messing Attorneys for Defendant NOTIAS CONSTRUCTION, Inc. Mailing Address P.O. Box 2903 Hartford, CT Office Address 485 Lexington Avenue, 781 Floor New York, NY T: (917) F: (877) Matter No.: LM 34 of 41

35 TO: DOUGLAS LONDON, P.C. Alicia Ellsayed, Esq. Attorneys for Plaintiff 59 Maiden Lane, 60" F1 New York, NY T: (212) GENNET, KALLMAN, ANTIN, SWEETMAN & NICHOLS, P.C. Alan L. Korzen Attorneys for Defendants HPENY HOUSING DEVELOPMENT FUND COMPANY, INC., ENY DEVELOPMENT, LLC and WINNRESIDENTIAL (NY) LLC 225 Broadway, Suite 1203 New York, NY T: (212) File No.: : J RIVKIN RADLER LLP Janine L. Peress, Esq. Attorneys for Defendant BRP CONSTRUCTION GROUP, LLC 926 RXR Plaza Uniondale, NY T: (516) File No.: EAST NEW YORK URBAN YOUTH CORPS, INC. 539 Alabama Avenue Brooklyn, NY of 41