FILED: KINGS COUNTY CLERK 04/16/ :09 PM INDEX NO /2016 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/16/2018

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1 FILED: KINGS COUNTY CLERK 04/16/ :09 PM

2 FILED: KINGS COUNTY CLERK 04/16/ :09 PM For use of Clerk COUNTY OF KINGS : : : Plaintiff, NOTE OF ISSUE Justice WINTER AVENUE 46 HOLDINGS, LLC and NICOLOSI BROS., INC., Defendants. NOTICE FOR TRIAL _X_ X Jury trial demanded X Of all issues ~ -Of issues specified below or attached hereto Trial without jury Filed by Attorneys for the Plaintiff Date Summons served - Date service completed - Date issue joined - NATURE OF ACTION OR SPECIAL PROCEEDING _X_X Tort Motor vehicle negligence Medical malpractice _X_ X Other tort Contract Contested matrimonial Uncontested matrimonial --- Tax certiorari Condemnation --- Other (not itemized above) This action is brought as a class action This is a medical malpractice action: panel procedures prescribed by the court rules pursuant to Judiciary Law section 148-a have been completed have not been completed Amount demanded -. Other relief - Preference claimed under Insurance carrier(s), if known - 1 of 6

3 FILED: KINGS COUNTY CLERK 04/16/ :09 PM Dated: New York, New York April 13, 2018 By: Benjamin J. Katz, Esq. RAPHAELSON 8 LEVINE LAW FIRM, P.C. Attorneys for Plaintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York (212) MENICUCCI VILLA CILMI, PLLC Attorneys for Defendant/Third-Party Plaintiff WINTER AVENUE 46 HOLDINGS, LLC 2040 Victory Boulevard Staten Island, New York (718) LESTER SCHWAB KATZ & DWYER, LLP Attorneys for NICOLOSI BROS., INC. 100 Wall Street, 27th floor New York, New York (212) of 6

4 FILED: KINGS COUNTY CLERK 04/16/ :09 PM. For Clerk's Use. CERTIFICATE OF READINESS N.I. served. FOR TRIAL on Completed Waived Not Required 1. All pleadings served X 2. Bill of Particulars served X 3. Physical examinations completed X-pending designation 4. Medical reports exchanged X 5. Appraisal reports exchanged X 6. Compliance with the rules in matrimonial actions (22 NYCRR ) X 7. Discovery proceedings now known to be necessary completed X 8. There are no 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 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: April 13, 2018 Benjamin Katz, Esq. RAPHAELSON 6 LEVINE LAW FIRM, P.C. Attorneys for Plaintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York of 6

5 FILED: KINGS COUNTY CLERK 04/16/ :09 PM I'Rl"'Ml.".' Ol'' COUNTY OF KINGS Plaintiff, AFFIRMATION OF COMPLIANCE WINTER AVENUE 46 HOLDINGS, LLC and NICOLOSI BROS., INC., Defendants. Benjamin J. Katz, Esq., an attorney admitted to practice in the State of New York, affirms the following under the penalties of perjury: of' 1. That I am of the law firm of Raphaelson & Levine Law Firm, P.C., the attorneys of record for the plaintiff, and as such am thoroughly conversant with the facts and circumstances herein based upon the contents of the file maintained by this office. 2. I make this affirmation to accompany the filing of the Note of Issue. 3. A preliminary conference has been held in this case, and annexed hereto is a copy of the preliminary conference order. 4. There has been full compliance with the directives of the preliminary conference order except for what is listed remaining in the pre-note of issue conference order. 5. This case is ready to be placed on the trial calendar. Dated: New York, Ncw York p l 13, 2018 BENJAMIN J. KAT7, ESQ. 4 of 6

6 FILED: KINGS COUNTY CLERK 04/16/ :09 PM COUNTY OF KINGS Plaintiff, AFFIDAVIT OF MAIL SERVICE WINTER AVENUE 46 HOLDINGS, LLC and NICOLOSI BROS., INC., Defendants, STATE OF NEW YORK COUNTY OF NEW YORK Bari Blanga, being duly sworn, says: age. I am not a party to the action; I reside at New York, New York, and I am over 18 years of On April 13, 2018, I served the within Note of Issue, Certificate of Readiness, and Affirmation of Compliance by depositing true copies thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: MENICUCCI VILLA CILMI, PLLC 2040 Victory Boulevard Staten Island, New York LESTER SCHWAB KATZ & DWYER, LLP 100 Wall Street, 27th floor New York, New York ARI BLA DA Sworn to before me on April / ary P bli gpnrn volt NOrAEf ~~~gag ggggggsso NOthl+~~~+~ COBSEEEP , \ 5 of 6

7 FILED: KINGS COUNTY CLERK 04/16/ :09 PM COUNTY OF KINGS Index No / Plaintiff, WINTER AVENUE 46 HOLDINGS, LLC and NICOLOSI BROS., INC., Defendants. WINTER AVENUE 46 HOLDINGS, LLC, Third Party Plaintiff&s3p& RIZZOTTO PLUMBING INC., Third Party Defendant&s3d& _----- NOTE OF ISSUE, CERTIFICATE OF READINESS, AFFIRMATION OF COMPLIANCE RAPHAELSON & LEVINE LAW FIRM, P.C. Attorneys for Plaintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York (212) of 6