At a Special Term, Part _, of the Supreme Court of the State of New York, held in and. for the County of New York, at 60 Centre Street, New York,

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1 At a Special Term, Part _, of the Supreme Court of the State of New York, held in and for the County of New York, at 60 Centre Street, New York, NY 10007, on the day of, 19_ P R E S E N T : Hon. Justice X CARLOS E SANTILLAN GALLEGOS, -against- Plaintiff(s), ORDER TO SHOW CAUSE Index No.: WILLOWICK PROPERTIES LLC and 205 EIGHTH AVE, LLC, /2018 Defendant(s). X Upon the affirmation of Michael M. Goldberg dated January 2, 2019, and the exhibits annexed thereto, it is ORDERED, that the defendants show cause at a Motion Part, Room of the Supreme Court of the State of New York, New York County, 60 Centre Street, New York, New York 10007, on the day of, 2019 at 9:30 A.M., or as soon thereafter as counsel can be heard, WHY an Order should not be entered herein, pursuant to: a. CPLR 3407(a), granting plaintiff's motion for an advanced conference to be held within 20 days of the filing of this motion; b. CPLR 3407 (b)(1) for an expedited discovery due to the plaintiff's, Carlos E. Santillan Gallegos' medical condition, scheduling all discovery completed within ninety (90) days after the date of the conference;

2 c. Scheduling EBTs within the next 30 days, at his current medical facility, with video preservation; d. CPLR 3407(b)(2) issuing an Order that a note of issue and certificate of readiness be filed within a period of time specified in the order, that the action receive a preference in trial, and that the trial be commenced within one year form the date of such order and for such other and further relief as the Court may deem just and proper under the circumstances, and e. for such other and further relief as the Court may deem just and proper under the circumstances; and it is further ORDERED that sufficient cause appearing therefore, let service of a copy of this Order to Show Cause by next day mail, together, with the papers upon which it is based upon Lester Schwab Katz & Dwyer, 100 Wall Street, 27thFloor,NewYork, NY 10005, Attorneys for Defendants, on or before the day of, 2019, be deemed good and sufficient service. E N T E R, J.S.C.

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X CARLOS E SANTILLAN GALLEGOS, INDEX #: /2018 v. Plaintiff, AFFIRMATION IN SUPPORT WILLOWICK PROPERTIES, LLC, and 205 EIGHTH AVENUE, LLC, Defendants. X MICHAEL M. GOLDBERG, an attorney duly admitted to practice law before the Courts ofthe State of New York, states the following pursuant to CPLR 2106: 1. I am the attorney for the plaintiff herein, and as such, am fully familiar with the facts and circumstances of the within action. 2. This affirmation is respectfully submitted in support of the within application for an Order, pursuant to: a. CPLR 3407(a), granting plaintiff's motion for an advanced conference to be held within 20 days of the filing of this motion; b. CPLR 3407 (b)(1) for an expedited discovery due to his medial condition, scheduling all discovery completed within ninety (90) days after the date of the conference; c. Scheduling EBTs within the next 30 days, at his current medical facility, with video preservation; d. CPLR 3407(b)(2) issuing an Order that a note of issue and certificate of readiness be filed within a period of time specified in the order, that the action receive a preference in trial, and that the trial be commenced within one year form the date of such order and for such other and further relief as the Court may deem just and proper under the circumstances, and e. for such other and further relief as the Court may deem just and proper under the circumstances.

4 3. This is a negligence action to recover damages for serious injuries sustained by Plaintiff(s) as a result of an accident which occurred on February 25, Plaintiff was walking town a stair case from the first floor to the lobby of a building located at 205 8th stair well, falling over 20 feet and has sustained the following injuries: CARDIAC ARREST; INTUBATED AND PLACED ON A VENTILATOR; AS A RESULT THEREOF PLAINTIFF UNDERWENT A TRACHEOTOMY; COLLAPSE LUNG; ACUTE RESPIRATORY FAILURE, WITH HYPOXIA OR HYPERCAPNIA; PNEUMONIA; PLAINTIFF RECEIVES ENTERAL FEEDING VIA PERCUTANEOUS ENDOSCOPIC GASTROSTOMY TUBE; CEREBRAL SPINAL FLUID DRAINAGE FROM LEFT EAR; SEPTIC; KIDNEY FAILURE; LEFT FOREARM/ELBOW:INTRA-ARTICULAR COMMINUTED FRACTURE OF THE LEFT DISTAL HUMERUS WITH MILD DISTRACTION OF THE FRACTURE FRAGMENTS MEDIALLY. SOFT TISSUE SWELLING ABOUT THE FRACTURE SITES; LEFT HUMERUS/SHOULDER: MINIMALLY DISPLACED LEFT CORACOID FRACTURE; LEFT PELVIS: COMMINUTED RIGHT SUPERIOR PUBIC RAMUS FRACTURE; DISPLACED RIGHT INFERIOR PUBIC RAMUS FRACTURE; DISPLACED LEFT LATERAL THIRD THROUGH NINTH RIB FRACTURES. SCATTERED PULMONARY CONTUSIONS ADJACENT TO THE FIFTH THROUGH 7 RIB FRACTURE SITES; ADDITIONAL FRACTURESNOTEDIN THE POSTERIOR LEFT NINTH AND TENTH RIBS; DISPLACED LEFT LATERAL THIRD THROUGH NINTH RIB FRACTURES. SCATTERED PULMONARY CONTUSIONS ADJACENT TO THE FIFTE THROUGH 7 RIB FRACTURE SITES; ADDITIONAL FRACTURES NOTED IN THE POSTERIOR LEFT NINTH AND TENTH RIBS; PULMONARY CONTUSIONS; LOW LONG VOLUMES WITH EXAGGERATION OF THE CARDIOMEDIASTINAL SILHOUETTE AND CROWDING OF LUNG MARKINGS;

5 LEFT GLUTEAL HEMATOMA; As a result thereof, plaintiff has been treated at the following facilities since the accident occurred: Bellevue Hospital: 2/25/2018 through 6/8/2018 Henry J. Carter Specialty Hospital: 6/8/2018 through 6/11/2018 Mount Sinai Hospital: 6/11/2018 through 6/29/2018 Henry J. Carter Specialty Hospital: 6/29/2018 through 11/30/2018 Triboro Center for Rehabilitation and Nursing: 11/30/2018 through present Attached hereto as Exhibit A is plaintiff's Bill of Particulars as well as a letter dated November 29, 2018 from plaintiff's treating physician Natalia Raykhman which indicates, in part, that he will require the ongoing level of care of a skilled nursing facility for undetermined period of time. 4. A summons and verified complaint was filed electronically in this matter on September 17, 2018 and defense counsel Lester Schwab, Katz & Dwyer has e-filed an Answer for all parties. As such issue is now joined and all parties have appeared. 5. In an effort to expedite discovery, plaintiff counsel has service a bill of particulars and a response to defendant's combined demands. We have included all of the medical records that are in our possession to date, as well as authorizations for all health care providers. 6. Due to plaintiff's medical condition, the examination before trial can only be held at the facility where plaintiff is currently receiving treatment. Your affirmant is requesting that EBTs j be scheduled within the next 30 days, at his current medical facility, with video preservation, due to his health; 7. Your affirmant is also requesting an expedited Preliminary Conference in order to have this examination before trial be held as soon a possible with a video to preserve his testimony, as he it is not likely that he will survive the length of this litigation. 8.. No prior application has been made for the relief sought herein.

6 WHEREFORE, it is respectfully requested that plaintiff's motion be granted in its entirety and, pursuant to CPLR 3407 expedited discovery be had in light of the plaintiff's medical condition. Dated: Rockville Centre, NY January 2, 2019 Michael ldberg

7 Index No.: /2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TRLOS E SANTILLAN GALLEGOS, Plaintiff(s), -against- WILLOWICK PROPERTIES LLC and 205 EIGHTH AVE, LLC, ORDER TO-SHOW-CAUSE, AFFIRMATION AND SUPPORTING PAPERS Law Offices of Michael M. Goldberg, P.C. Attorneys for Plaintiff's 265 Sunrise Higliway, Suite 59 Rockville Centre, NY (212) Certification ursuant to Rule a Michael M 70 rg