FILED: KINGS COUNTY CLERK 09/07/ :52 AM INDEX NO /2013 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 09/12/2018

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1 Calendar No: Index No /2013: NO TE OF ISSUE SUPREME COURT, KINGS COUNTY FOR USE OF CLERK LOUISE TERRY, Plaintiff, NOTICE FOR TRIAL Hon. Name of Justice Assigned:- -against- ETrial by jury demanded EOf all issues OOf issues specified below or attached hereto OTrial without jury Filed by attorney for Plaintiff: Date summons sed Januañ M, 2m APPROVED ENERGY LLC, APPROVED Date service completed: OIL January 23, 2014 CO. OF BROOKLYN, INC., Date issue joined: March 25, 2014 CORPORATION AND PENMARK MANAGEMENT LLC, ALL BORO TANK TESTING, LLC, RAPID WASTE NATURE OF ACTION OR SPECIAL PROCEEDING DISPOSAL, INC., PROMPT ENVIRONMENTAL SERVICES, INC., _X Tort Motor Vehicle Negligence STUYVESANT FUEL SERVICES CORP. _ Medical Malpractice and THEMIS CHIMNEY, INC., Contract.X_ Other Tort (Ncgligcñce- _Contested Matrimonial Premises) _Uncontested Matrimonial Tax Certiorari Condemnation Other (not itemized above) specify: This action is brought as a class action Special Preference claimed under On the ground that Amount Demanded $ Other Relief Insurance Carriers(s), if known LEWIS JOHS AVALLONE AVILES, LLP.... _. _ Attorneys for Defendant... APPROVED ENERGY LLC AND -.._ APPROVRD OIL CO. OF BROOKLYN, INC. One CA Plaza, Suite 225 Dated: N ) New York Islandia, New York I1749 Ja ary 1 LAW OFFICES OF MARGARET KLEIN & ASSOCIATES ANTIN E LI & E STEIN, LLP Attorneys for Defendant By: CORPORATION AND DENMARK MANAGEMENT, INC. Jeffrey S, ntin 200 Madison Avenue, 2nd floor Attorneys for P ' New iffs York, New York d' 7"' 49 West Street, Floor BUCKLEY LAW GROUP, P.A New York, NY Attorneys for Defendant Tel: (212) ALL BORO TANK TESTING, LLC 225 Broadway, Suite 2600 New York, New York of 6

2 CERTIFIATE OF READINESS FOR TRIAL FOR USE OF CLERK N.I. Served on SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LOUISE TERRY, - against- Plaintiff, Index No /2013 APPROVED ENERGY LLC, APPROVED OIL CO. OF BROOKLYN, INC., CORPORATION AND PENMARK MANAGEMENT LLC, ALL BORO TANK TESTING, LLC, RAPID WASTE DISPOSAL, INC., PROMPT ENVIRONMENTAL SERVICES, INC., STUYVESANT FUEL SERVICES CORP, and THEMIS CHIMNEY, INC., Completed Waived Not Required 1. All pleadings served x 2. Bill of Panicu'ars served x 3, Examination Before Trial **OUTSTANDING 4. Physical exam(s) 5. Medical reports IME report not exchanged 6., Appraisal reports exchanged x 7, Financial disclosure statements in x 8, Discovery proceedings now known to be necessary completed **OUTSTANDING 9. There has NOT been resemble opportunity to complete the foregoing proceedings. 10. There has NOT been comp!iance with Court Orders issued ur o the Pre Calendar rules (22 NYCRR ). 11. If a medical malpractice action, there has been complt ec with any order issued pursuant to 22 NYCRR This case is NOT ready for trial. NTE 10tl I, "21I & EPSTEIN, LI,P Dated: New York, New York September 6, 2018 Bv: Jeffrey S. nti s Attorneys fo oliffs 37th Street-7th 49 West New York, New York Tel: (212) of 6

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X LOUISE TERRY, Plaintiff, Index No, / against- APPROVED ENERGY LLC, APPROVED OIL CO. OF BROOKLYN, INC., CORPORATION AND PENMARK MANAGEMENT LLC, ALL BORO TANK TESTING, LLC, RAPID WASTE DISPOSAL, INC., PROMPT ENVIRONMENTAL SERVICES, INC., STUYVESANT FUEL SERVICES CORP. and THEMIS CHIMNEY, INC., AFFIRMATION COMPLIANCE IN Jeffrey S. Antin, being an attoriicy duly admitted to practice law before the Courts of the State of New York hereby affirms the truth of the foregoing under the penalties of perjury: 1. I am a partner with the law firm of ANTIN, EHRLICH & EPSTEIN, LLP, attoriicys of record for plaintiff(s) herein, and as such am fully fem!!!sr with the facts and circumstances herein. 2. Preliilliiiary Conference Order dated January 30, 2015 has not been complied with. 3. Upon information and belief, all discovery is jlqt completed, and this case is n_g ready for the trial. Dated: New York, New York September 6, 2018 Jeffrey. Antin 3 of 6

4 CALENDAR #: At a Note of Issue Final Conference Part of the Supreme Court of the State of New York, P R E S E N T: held in and for the County of Kings, located at 360 dams Street, Br oklyn, NY, on the Justice/JHO n e.14 day o[ (*r p, 20 / S _ X 8rr - against - Plaintiff(s) Defendant(s) FINAL PRE-NOTE ORDER Index No.,7o8/ 29 / Z ) Plainiiff must file Note of Issue on or before 2 /. Final itefnization of Discovery to be completed: The terms of thi rder supercede the provisions of all prior orders. FAILURE TO SyTRICTLY COMPLY WITH THIS ORDER, WITHOUT LEAVE OF THE COURT, WILL RESULT IN PRECLUSION, THE STRIKING OF A PLEADING AND/OR SANCTIONS AS MAY BE APPROPRIATE. E N T E R, S 1 ICE/JHO HON. MARTIN SCHNElER, JHO 4 of 6

5 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: INDEX NO / /12/2018 (FILED : KINGS COUNTY CLERK 12 /30/ :02 AM) NYSCEF DOC. NO. 35. RECEIVED NYSCEF: 12/30/2015 U KLE LAW GROUR P A. Michael J. Snizek, Esq. 225 Broadway, Suite 2600 Admitted in New York New York, New York msnizek@buckleylawgroup.com Main: Website: Facsimile: December 30, 2015 VIA TO rramseur@nycourts.gov And Electronically Filed Chambers of Hon. Wayne Toussaint Supreme Court- Kings County Terry v. All Boro Tank Testing LLC, et al. Index No.: /2013 Dear Judge Toussaint: We represent defendant/third-party plaintiff ALL BORO TANK TESTING in the above referenced action. We filed a motion for default judgment against third-party defendant Rapid Waste Disposal and Prompt Environmental Services, currently returnable January 6, We hereby withdraw the motion against third-party defendants, as they have appeared in the action. If you have any questions or require further information, please do not hesitate to contact me at your convenience. Yours, etc., /s/ Michael J. Snizek, Esq. ST. PETERSBURG NEW YORK CITY MIAMI LOS ANGELES 5 of 6

6 Index No Year2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LOUISE TERRY, Plaintiff, - against- APPROVED ENERGY LLC, APPROVED OIL CO. OF BROOKLYN, INC., CORPORATION AND PENMARK MANAGEMENT LLC, ALL BORO TANK TESTING, LLC, RAPID WASTE DISPOSAL, INC., PROMPT ENVIRONMENTAL SERVICES, INC., STUYVESANT FUEL SERVICES CORP. and THEMIS CHIMNEY, INC., NOTE OF ISSUE, CERTIFICATE OF READINESS and AFFIDAVIT IN COMPLIANCE LAW OFFICESOF ANTIN, EHRLICH & EPSTEIN, LLP Attorneys for Plaintiffs 49 WEST 37"' STREET- 7 FL. NEW YORK, NEWYORK TEL: (212) 22 I-5999 FAX (212) 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 cc;;te;;tic;;s contained in the annexed docis;;;cist are not frivolous. Dated: Segember 6, of 6