FILED: QUEENS COUNTY CLERK 01/19/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 01/19/2018

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2 l 1 A Al Mn FLED: QUEENS COUNTY CLERK Wkly &XJ 01/19/ :16 PM NDEX NO /2016 Calendar No: ndex No: /2016 SUPREME Court, QUEENS County, NY TCKARSNGH RAJPAULSNGH and MAHADAYE RAJPAULSNGH, Hon Joseph J Esposito Name onudge hgned NOTCE FOR TRAL Plaintiffs, E Trial by Jury demanded E Of all issues Of issues specified below Or attached hereto -agalnst- Trial without jury Filed by attorney for Plaintiffs Date summons served 6/29/16 HDDEN POND AT OLD WESTBURY Date service completed 7/27/16 LLC*, HDDEN POND AT OLD Date issue joined 8/2/16 WESTBURY HOMEOWNERS NC* NATURE OF ACTON OR SPECAL ASSOCATON, and STEWART PROCEEDNG SENTER NC, E Tort 0 Motor Vehicle negligence Defendants Medical malpractice g Other Tort Contract Contested Matrimonial Uncontested Matrimonial Tax certiorari Condemnation DOther (not itemized above) specify; This action is brought as a class action Amount demanded Exceeds jurisdictional limits nsurance Carrier, if known: NY MARNE & GENERAL Special preference claimed on the ground that EDELMAN, KRASN & JAYE, PLLC KAUFMAN DOLOWCH & VOLUCK, LLP Attorneys for Plaintiffs Attorneys for Defendant 7001 Brush Hollow Road, Suite 100 STEWART SENTER NC Westbury, NY Crossways Park Drive, Suite 201 (516) Woodbury, NY EKJ-739(sp) (516) *Action v Defendants HDDEN POND AT OLD WESTBURY HOMEOWNERS ASSOCATON, NC and HDDEN POND AT OLD JYESTBURY LLC discontinued

3 For Clerks Ùse N On served CERTFCATE OF READNESS FOR TRAL (tems 1-7 must be checked) Completed Waived Not required 1 All pleadings served X 2 Bill of Particulars served X 3 Physical examinations completed X Medical Reports exchanged X 5 Appraisal reports exchanged X 6 Compliance with the Rules in matrimonial actions (22 NYCRR 20216) X 7 Discovery proceedings now known to be necessary completed X 8 There are outstanding requests for Discovery 9 There has been a reasonable opportunity to complete the foregoing proceedings 10 There has been compliance with any order issued pursuant to the Preca nd Rules (22 NYCRR 20212) 11 f a medical malpractice action, there has been compliance with any or r iss suan 2 NY The case is not ready for trial Dated: January 12, 2018 PAUL B EDELMAN, ESQ EDELMAN, KRASN & JAYE, PLLC Attorney(s) for Plaintiffs 7001 Brush Hollow Road, Suite 100 Westbury, NY State of New York, County of Nassau ss: StateofNew York, County of Nassau ss: being duly sworn, deposes and says; that deponent is not a SARAH PCARD, being duly sworn, deposes and says; that deponent party to the action, is over 18 years of age and resides at is not a party to the action, is over 18 years of age and resides at PLANVEW, NEW YORK That on the 125 day of January, 2018, That on the Day of deponent served the within note of issue and certificate of readiness on: deponent served the within note of issue and certificate of readiness on KAUFMAN DOLOWCH & VOLUCK, LLP, 135 Crossways Park Drive, Suite 201, Woodbury, NY 11797, the addresses attorney(s) for Plaintiff: Edelman, Krasin, & Jaye, PLLC designated by said attorney(s) for that purpose by depositing a true herein, at his office at 7001 Brush Hollow Road, Suite 100, Westbury, NY copy of same enclosed in a postpaid properly addressed wrapper, in an- official depository under the exclusive care and custody of the during his absence from said office (a) by then and there leaving a true copy of the same with United States Postal Service within N ork State r his clerk; partner; person having charge of said office, (b) and said office being closed, by depositing a true copy of same, SARAH PCARD enclosed in a sealed wrapper directed to said attorney(s), in the office letter drop or box Sworn to before m kœearih ROCCO 2 a f Jan 2018 Sworn to before me Neiary Puoic - Staie of New York NO 01R0ó11653 alified in Nassau Cou Public MyCommissionExoires Notary Public /s

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6 NDEX NO /2016 FLED: QUEENS COUNTY CLERK 01/19/ :16 PM NYSCEF DOC NO 7 RECEVED NYSCEF: 01/19/2018,;-a:" -;:-,:i"" le=i- l"=,;-p; pr-",- q",i" l "i"p,ypqv-"yp gqgkj T 7b37j7/f days provide efforts thatif to deternvne linaj demand mth a MedK are claim outstanding onal samrnaiy or cond that and of medical records, nal nat any oarties d is furtne plamtiffis) tate, than fadeg shall to Medicare, "ffs"e he/she shoutcf 30 of p580tiff as evidence plamtiff/beneficiary wlthin shah one ewst, s- e-9 CMS to appear provide 60 days said shghtne fresh pnor at this Conference by the t>otrad be for release authonrations HPAA comphant to tricot; and shag is further as fatiows rw " p r against from r,c < or Medicare recipient copmes of alf correspondence the of this order, terms plainidhs defendant r/ t+; Cj f E Q{ c- r Any eems c1emsandog A-m thir-c duected hy pensordes rnut1be speofloalty UMi dferw$odcc are destrwt$ whhs f E that plaintiff/ i t t e and file a Note of issue and Certificate ofl Of ta on or before ran Readinese g dj and shall hterdsh to the Compliance Settle"- -:, ment andconference â Port within ten (10) da $ th ea et a copy of the fired Note of issue end Cert cate of Readiness, togettier with an affidavit of service, and that the lailure to de so shall be grounds for the imposition of sanctions SO :, JSC Dated Should party inay is due plaint contact ff/ charnbers need more no Tater than at (71 8) , trms to file a Note 3 weeks before of fssue, said the Note of issue "-"J<,"8Recel t f a copy Attomey "--;";:::-;=-,JQXCXARf for Plaintiff Attomey fofdefendant of thfs order *; and -::";; demand " "" - is acknowledged: "","E>-,",,-,,jPgji+jf$ Attorney Al&ney f r : +- 1:l6:9T+ Defendantß," : Q--«l-+ Y %,,3, "> lot MA Attomey -:"::,, -: :::; for Defendant -, A?ton::ter Deferiiil:" (, V::( : +:j:jmwm:::::3i:i"-"j «C,,:, jj(j w rt "j" i&"

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X X TCKARSNGH RAJPAULS1NGH and ndex No: /16 MAHADAYE RAJPAULSNGH, -against- Plaintiffs, AFFRMATON COMPLANCE OF HDDEN POND AT OLD WESTBURY, LLC, HDDEN POND AT OLD WESTBURY HOMEOWNERS ASSOCATON, NC and STEWART SENTER NC, X Defendants X PAUL B EDELMAN, an attorney duly licensed to practice law before the Courts of this State, hereby affirms the following to be true under penalties of perjury: am a partner of the firm of EDELMAN, KRASN & JAYE, PLLC, attorneys for the plaintiffs, TCKARSNGH RAJPAULSNGH and MAHADAYE RAJPAULS1NGH, and as such, am fully familiar with the facts and circumstances of this action from a review of the file maintained by this office Pursuant to the Order of Honorable Joseph J Esposito dated May 15, 2017, plaintiffs are directed to file their Notice of ssue and Certificate of Readiness on or before January 19, 2018 Examinations Before Trial of all parties are still outstanding Since the preliminary conference of 11/28/16, there was motion practice which resulted in the dismissal of all claims against defendants HDDEN POND AT OLD WESTBURY LLC and HDDEN POND AT OLD WESTBURY HOMEOWNERS ASSOCATON, NC Moreover, plaintiff underwent additional surgery on 8/1/17, for which a Supplemental Verified Bill of Particulars and Exchange of Medical nformation was exchanged and defendant requested additional time to obtain all of

8 plaintiffs updated medical records Depositions of plaintiffs are currently scheduled for 2/9/18 and deposition of defendant is scheduled 2/16/18 The Note of ssue is being filed because of the date on which it is due Whereas this matter is not presently ready for trial, this note of issue is filed with an express reservation of rights n the event the matter appears on the trial calendar prior to the completion of said discovery, your affirmant requests permission to adjourn the matter as needed to complete said discovery t is respectfully requested that Plaintiffs Note of ssue and Certificate of Readiness hereby be filed at this time pursuant to the Order of Honorable Joseph J Esposito dated May 15, 2017, notwithstanding the above and other outstanding discovery, or in the alternative, that plaintiffs be granted an extension of time to file same Dated: Westbury, New York January 12, 2018 PAUL B EDELMAX, ESQ

9 ndex N,o Year 2016 TCKARSNGH RAPAULSNGH and MAHADAYE RAPAULSNGH, Plaintiff(s), - against - HDDEN POND AT OLD WESTBURY LLC, HiDDEN POND AT OLD WESTBURY HOMEOWNERS ASSOCATON, NC and STEWART SENTER NC, Defendant(s) ORGNAL NOTE OF SSUE EDELMAN, KRASN & JAYE, PLLC Attorneys for Plointiffs 7001 Brush Hollow Road, Suite 100 Westbury, New York (516) To Service of a copy of the within is hereby admitted Dated: Attorney(sj for Enter Party Represented Please take notice NOTCE OF ENTRY that the within is a (certified) true copy of an Order duly entered in the office of the clerk of the within named court on Choose Date Q NOTCE OF SETTLEMENT that an order of Settlement of which the within is a true copy will be presented for settlement to the HON Enter name of judge one of the judges of the within named court at Enter address of courthouse on Choose Date Dated: January 12, 2018 Yours, etc EDELMAN, KRASN 5 JAYE, PLLC Attorneys for Plaintiffs 7001 Brush Hollow Road, Suite 100 Westbury, New York (516) s