FILED: NEW YORK COUNTY CLERK 01/30/ :47 AM INDEX NO /2017 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/30/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JONATHAN BONIFICIO, Plaintiff, - against- Index No /17 VERIFIED ANSWER NEW YORK CITY HOUSING AUTHORITY and THE CITY OF NEW YORK, Defendants. X Defendant, NEW YORK CITY HOUSING AUTHORITY, by their attorneys, LEWIS JOHS AVALLONE AVILES, LLP, state upon information and belief, as and for their Verified Answer to the plaintiffs Verified Complaint: 1. Denies having knowledge or information sufficientto form a belief as to each and every allegationcontained in paragraphsnumbered "1","3", "7" and "23" of the complaint, and refers all questions of law and fact to this Honorable Court and the triers offact at the trial of this action. 2. Denies having knowledge or information sufficientto form a belief as to each and every allegationcontained in paragraphs numbered"2", "8", "9", "10", "16", "17", "18", "19", "20", "21" and "22" ofthe complaint. 3. Denies each and every allegation contained in paragraph "4" except admits that the NEW YORK CITY HOUSING AUTHORITY is a body politic duly organized and existing pursuant to the Public Housing Law ofthe State ofnew York. 4. Denies each and every allegation contained in paragraphs "5" and "6" except admits that the NEW YORK CITY HOUSING AUTHORITY received a Notice ofclaim on March 14,2016 and more than thirty days have passed since that claim, and it remains 1 of 39

2 unadjusted, and respectfully refers all questions of law, fact or conclusions raised therein to the trial court for determination. 5. Denieseach and every allegation contained in paragraphs"11"12", "13", "14" and"15" of the Complaint, except admits that defendant, NEW YORK CITY HOUSING AUTHORITY, owns 711 FDR Drive, New York, New York, and operates and maintains those portions used in common byall persons lawfully thereat and reserves and refers all questions of law, fact, and /or conclusions raised therein to the Trial Court. AS AND FOR A FIRST CAUSE OF ACTION 6. Answering paragraph numbered "24" of the complaint, defendant repeats and reiterates eachand every denial heretofore made in regard to each and every paragraph of the complaint, designated as paragraphs "1" through "23" inclusive with the same force and effect as though more fully set forth at length herein. 7. Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph numbered "25" of the complaint, and refers all questions oflaw and fact to this Honorable Court and the triers offact at the trial ofthis action. 8. Denies each and every allegation contained in paragraphs numbered "26","27", "28", "29", "31", "32", "33", "34","35", "36", "37" and "38" ofthe complaint. 9. Denies each and every allegationcontained in paragraph numbered "30" of the complaint and refers all questions of lawand fact to this Honorable Court and the triers of fact at the trial ofthis action. AS AND FOR A SECOND CAUSE OF ACTION 10. Answering paragraph numbered "39" of the complaint, defendant repeats and reiterates each and every denial heretofore made in regard to each and every paragraph of the 2 of 39

3 complaint, designated as paragraphs "1" through "38" inclusive with the sameforce and effectas though more fully set forth at length herein. 11. Denies each and every allegation contained in paragraphs numbered "40" and "41" ofthe complaint. AS AND FOR A CROSS-CLAIM AGAINST THE CODEFENDANT, THE CITY OF NEW YORK. DEFENDANT NEW YORK CITY HOUSING AUTHORITY. ALLEGES UPON INFORMATION AND BELIEF; 12. If the plaintiff recovers herein, it will be by virtue ofthe recklessness, carelessness and negligence of the codefendant above-named, and not of the defendant for which this answering defendant demandsjudgment for contribution and/or indemnification accordingto the respective degrees of negligence to be ascertained, determined and adjudicated at trial. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 13. Any and all risks, hazards, defects and dangers alleged are ofan open, obvious and apparent nature and inherent and known or should have been known to the plaintiff herein, and the plaintiff willingly and voluntarily assumedall such risk, hazards, defects and dangers. If it is determinedthat the plaintiffassumed the risk, this answering defendant pleads said facts in diminution of damages in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 14. Ifany injuries and damages were sustained by the plaintiffat the time and place and in the manner alleged in the verified complaint, such damages and injuries are attributable, in whole or in part, to the culpable conduct ofthe plaintiffand/or third parties, and ifany damages are recoverable against this defendant, the amount of such damages shall be diminished 3 of 39

4 in the proportion whichthe culpable conduct attributable to the plaintiffand/orthird parties bears to the culpable conduct which caused the damages pursuant to Section 1601 ofthe CPLR. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 15. Ifthe liability ofthe answering defendant is found to be fifty (50%) percent or less ofthe total liability assigned to all persons liable, the liability ofsuch defendant to the plaintiff for non-economic loss shall not exceed the defendant's equitable share determined in accordance with the relative culpability ofeach person causing or contributing to the total liability for non-economic loss, pursuant to Article 16 ofthe CPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 16. Upon information and belief, any past or future costs and/or expenses incurred or to be incurred by the plaintifffor medical care, dental care, custodial care or rehabilitation services, loss ofearnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in section 4545(c) ofthe CPLR. 17. If any damages are recoverable against the answering defendant, the amount of such damages shall be diminished by the amount ofthe funds which plaintiffhas received or shall receive from such collateral source. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 18. Plaintifffailed to mitigate damages, ifany. WHEREFORE, defendant NEW YORK CITY HOUSING AUTHORITY demands judgment dismissing the plaintiffs Verified Complaint, together with the costs and disbursements ofthis action. Dated: January 23, 2017 New York, NY 4 of 39

5 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York LJAA File>No i^-NY00 TO: Lawn Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23"* Fl. Suite 2300 New York, NY of 39

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X JONATHAN BONIFICIO, Plaintiff, - against - Index No /17 NOTICE OF EXAMINATION BEFORE TRIAL NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, SIRS: Defendants. -X PLEASE TAKE NOTICE that, pursuant to sections 3101 and 3107 of the Civil Practice Law and Rules, the defendants will cause to be taken testimony of the plaintiff, bis agents, servants or employees of said parties having knowledge of the subject matter concerning all of the relevant facts and circumstances in connection with the issues alleged in plaintiffs verified complaint, including negligence, contributory negligence, liability and damages, and said persons to be examined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues herein. PLEASE TAKE FURTHER NOTICE that such examination and deposition will be taken at Lewis Jobs Avallone Aviles, LLP, 61 Broadway, Suite 2000, New York, New York on the 20^*^ day of March 2016, 2015, at 10:00 o'clock in the forenoon of that day, or at such time and place to which the parties or their attorneys may stipulate. Dated: New York, New York January 23, of 39

7 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York TO: By:.AWRENCE J. FREEZE LJAAFileNo NY Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23'^'' Fl. Suite 2300 New York, NY of 39

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X JONATHAN BONIFICIO, Plaintiff, Index No /17 DISCOVERY DEMAND - against - NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. -X PLEASE TAKE NOTICE that each defendant we represent in this action demands that you produce, pursuant to Article 31 of the Civil Practice Lawand Rules, and the rules governing the exchange of medical information, and permit us to discover, inspect and copy all video and/oraudio recordings, regardless of format, taken by the plaintiffs(s) or on behalfof plaintiff(s) of any independent medical examination conducted on behalfof this defendant within thirty (30) days of the date(s) on which said recordings were taken and/or created or within thirty (30) days from the date of this demand, whichever is sooner. Dated: New York, New York January 23, 2017 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York 1000^ TO: By: LAWREN LJAA File J. FREEZE lo NY Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23'^'' Fl. Suite 2300 New York, NY of 39

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X JONATHAN BONIFICIO, Plaintiff, Index No /17 DEMAND FOR BILL OF PARTICULARS - against - NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. PLEASE TAKE NOTICE that you are hereby required, pursuant to Civil Practice Law and Rules Sections 3041 ^ seq. to serve upon LEWIS JOHS AVALLONE AVILES, LLP, attorneys for defendant, NEW YORK CITY HOUSING AUTHORITY, within thirty (30) days after the service ofthis demand, a Verified Bill of Particulars setting forth the following particulars in detail: 1. The date and approximate time of day of the occurrence alleged in the complaint. 2. The location of the occurrence alleged in the complaint including distances from identifiable points of reference, with sufficient detail to permit accurate identification. 3. The specific acts or omissions constituting the alleged negligence of defendant NEW YORK CITY HOUSING AUTHORITY. 4. If a defective and/or dangerous condition is alleged, set forth in detail the nature, manner and location of the particular condition that was responsible, wholly or partially, for the occurrence alleged in the complaint. 5. If a dangerous activity is alleged, set forth in detail the nature, manner and location of the particular activity that was responsible, wholly or partially, for the occurrence alleged in the complaint. 6. State whether actual notice is claimed. 7. State whether constructive notice is claimed. 8. Ifconstructive notice is claimed, then set forth a statement offacts which -X 9 of 39

10 allegedly constitute such notice, including, without limitation, the name(s) of the person(s) which allegedly have received such notice and the period of time (in minutes, hours, days, etc.) thatthe alleged condition and/or activity existed. 9. If it is claimed that notice of the alleged condition and/or activity was given to defendant, NEW YORK CITY HOUSING AUTHORITY, then state the following: (a) Whether the alleged notice was in writing or by oral communication; (b) The date and place ofthe notice; (c) The name(s) and address(es) ofthe recipient(s) and the deliverers of notice; (d) The name(s) and address(es) ofeach person present at and for the notice; (e) The substance ofeach such notice. 10. State whether it is claimed that defendant, NEW YORK CITY HOUSING AUTHORITY (or any other defendant, if applicable) or its agent(s), servant(s) and/or employee(s), caused or created the alleged condition and/or activity. 11. If it is claimed that defendant, NEW YORK CITY HOUSING AUTHORITY (or any other defendant, if applicable) or its agent(s), servant(s) and/or employee(s), caused or created the alleged condition and/or activity, state the name(s) of the person(s) who caused or created the alleged condition and/or activity and state the date(s) and time(s) when the alleged condition and/or activity was caused or created. 12. If a foreign substance is involved in the occurrence alleged in the complaint, describe the foreign substance with as much sufficient detail as possible so as to permit accurate identification thereof. 13. Set forth a statementofthe alleged injuries claimed to have been sustained as a result of the occurrence alleged in the complaint, including the approximate date ofthe onset ofthe symptoms ofeach ofthe injuries claimed. 14. Set forth a statementof the injuries claimedto be permanentas a result of the occurrence alleged in the complaint. 10 of 39

11 15. Set forth in length of time, including dates that the plaintiff has been and/or will be totally disabled and/or partially disabled as a result of the occurrence alleged in the complaint. 16. State specifically whether or not plaintiffsustained a significant disfigurement as a result of the occurrence alleged in the complaint. If so, state the nature and location ofthat disfigurement. 17. State whether or not plaintiff sustained a fracture as a result of the occurrence alleged in the complaint. If so, state the type and location of said fracture. 18. Statewhether or not plaintiffsustained a permanent consequential limitation of a body function or system as a result of the occurrence alleged in the complaint. If so, state the permanent consequential limitation and the body function or system involved. 19. State the length of the time that plaintiffwas confined to the following as a result of the occurrencealleged in the complaint, with dates of confinement: (a) bed; (b) home. 20. Statethe length of time that plaintiffwas confined to a hospital or other healthcare facility as a result of the occurrence alleged in the complaint, with the name(s) and address(es) ofeach such hospital or facility. 21. Set forth the length of time and the date(s) that plaintiffwas incapacitated from employment (if applicable) as a result of the occurrence alleged in the complaint. 22. State the name(s) and address(es) of the employer(s) concerning the employment referred to in response to the item enumerated as 21 above, together with a description of said employment, including, without limitation, the amount of weekly and yearly wages, gross and net, received by the plaintiff at the time of theoccurrence. If self-employed, state plaintiffs income for each of the three (3) years preceding and up to the occurrence alleged in the complaint and one (1) year subsequent to the occurrence alleged in the complaint. 23. Set forth the total amount which plaintiff claims to have sustained and/or the total amount plaintiffclaims will be sustained in lost earnings/wages as a result of the occurrence alleged in the complaint. 11 of 39

12 24. Set forth by Chapter, Article, Section and Paragraph each statute, ordinance, rule or regulation, if any, which it is claimed defendant violated with reference to the occurrence alleged in the complaint. 25. Set forth the plaintiffs residence and post office address(es), now and at the time of the occurrence alleged in the complaint. 26. Set forth the plaintiffs date ofbirth. 27. Set forth the plaintiffs social security number. 28. With respect to medical care and treatment rendered to the plaintiff (if any) following the subject occurrence, set forth the following: (a) Name(s) and address(es) of any hospital(s) rendering medical care and treatment and the date(s) ofsaid care and treatment; (b) Name(s) and address(es of any doctor(s)/physician(s) rendering medical care and treatment as well as the date(s) and place(s) of each said care and/or treatment by, or visit to, such doctor(s)/physician(s); (c) Name(s) and address(es) of any physical and/or mental therapist(s) rendering treatment, care or examination andthe name(s) and address(es) of such therapist(s), as well as the date(s) and place(s) ofeach said treatment, care and/or examination by, or visit to, said therapist(s). Please also indicate the said therapist's area of expertise. 29. Set forth the total amount claimed as special damages for the following, and in each instanceset forth the date(s) that care is allegedto have been renderedand the name(s) and address(es) ofthe provider(s): (a) Physicians' services; (b) Medical supplies; (c) X-rays; (d) Hospital expenses; (e) Nurses' services, together with the name(s) and address(es) to whom paid; 12 of 39

13 (f) All otherexpenses, damages and injuries which will be claimed by, plaintiff(s), includingbut not limited to, household help expenses, together with the name(s) and address(es) of the recipient(s) thereof. 30. Set forth each occurrence prior to the occurrence alleged in the complaint, in which the plaintiff sustained an injury to any bodily portion alleged to have been injured during the occurrence alleged in the complaint, whether or not medical care was obtained. If medical care was obtained, set forth the name(s) and address(es) of each and every health care facility/physician/therapist who treated or examined plaintiff for such prior injury. 31. State whether the occurrence alleged in the complaint was reported to defendant, NEW YORK CITY HOUSING AUTHORITY, or anyone on the said defendant's behalf. (a) If the occurrence was reported, state the date(s), time(s) and place(s) the occurrence was reported and the name(s) of the person(s) on behalfof saiddefendant to whom it was reported. (b) State whether the saidreport was in writing or verbal each time it was reported to the said defendant. 32. If the occurrence alleged in the complaint is claimed to have happened as a result of plaintiffs slip, trip or fall in, or on upon a stoop, a step, steps, a stairway, a ramp, a hallway, a landing, a room, debris, liquid or any substance, set forth, where applicable, as follows: (a) (b) (c) (d) (e) The location of the stoop or stairway stating, without limitation, between what floors, the stoop or stairway is situated, counting the ground floor as the first floor; The particular step on which the plaintiff slipped, tripped or fell, counting from the bottom or top ofthe stairway; The location of the hallway stating, without limitation, on what floor situated, counting the ground floor as the first floor; The location in the hallway where the occurrence alleged in the complaint occurred; The location of the ramp, landing, room, debris, liquid or substance; 13 of 39

14 (f) A description of the ramp, landing, room, debris, liquid or substance. 33. If the occurrence alleged in the complaint is claimed to havehappened due to carelessness and/or negligence in the construction, maintenance or repair of certain premises, then set forth in detail: (a) The manner in which such construction or maintenance was careless and/or negligent; (b) Identify the specific location within the premises at which the construction or maintenance was careless or negligent; (c) The specific carelessness or negligence in connection with the construction or maintenance which it is alleged existed; (d) Whether defendant NEW YORK CITY HOUSING AUTHORITY was advised anytime prior to the occurrence (alleged in the complaint) by the plaintiff(s) or any person(s) on behalf of or known to plaintiff(s) that said construction or maintenance was careless or negligent, stating the person(s) on behalfof said defendant who was/were so informed, the person(s) so informing said defendant and time(s) and date(s) ofsaid informing. 34. If the occurrence alleged in the complaint is claimed to have happened due to an improper or inadequate lighting condition then set forth in detail: (a) The manner in which said lighting condition was improper and/or inadequate; (b) Identify the specific location within the premises where the lighting condition was inadequate or improper; (c) The manner in which defendant NEW YORK CITY HOUSING AUTHORITY was negligent and/or careless with regard to the lighting condition; (d) Whether defendantnew YORK CITY HOUSING AUTHORITY was advised at any time prior to the occurrence (alleged in the complaint) by the plaintiffor anyperson(s) on behalfof or known to plaintiffthat said lighting condition was improper or inadequate, stating the person(s) on behalf of said defendant who was/were so 14 of 39

15 informed, the person(s) so informing said defendant and the time(s) and date(s) ofsaid informing. 35. If the complaint alleges loss of services, society, companionship and/or consortium, set forth the nature, extent and duration thereof. 36. If the complaint alleges loss of services, then, with regard to any spouse who is a party to this action, set forth plaintiffs marital status now andat the time of the occurrence alleged in the complaint. If the plaintiff was/were married at the time of the occurrence and/or up to the present, state the date(s) and place(s) of marriage. PLEASE TAKE NOTICE, that the foregoing is a continuous demand and you are required to furnish responses to any ofthe particulars demanded herein for which information is obtained after service of the responses hereto. Said additional responses must be served on the defendant within twenty (20) days of receipt of that information; but, in any event, not later than forty-five (45) days before the time of trial. Defendant will object at the time of trial to the testimony of any witness orto the introduction of any evidence not supplied in accordance with this demand. Dated: New York, New York January 23, 2017 Byf^ Law^nce J. Freeze LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York To: Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23'^'' Fl. Suite 2300 New York, NY of 39

16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JONATHAN BONIFICIO, Plaintiff, X Index No /17 NOTICE FOR DISCOVERY - against - & INSPECTION NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. X PLEASE TAKE NOTICE that pursuant to Sections 3101 (a) and (g) and 3120 of the CPLR, defendant NEW YORK CITY HOUSING AUTHORITY demands that plaintiff produce and permit discovery and inspection by said party, the undersigned attorneys, orothers acting on their behalf, ofthe following documents for inspection and /or reproduction at the offices of the undersigned within twenty (20) days of this notice: 1. True and accurate copies of each and every, if any, recorded/written complaint and/or notice, including, but not limited to, any work tickets made to and/or by defendant NEW YORK CITY HOUSING AUTHORITY with respect to the condition alleged in the complaint to have caused or contributed to the occurrence alleged in the complaint; 2. True and accurate copies of any reports or other writings prepared by or made to the police or any other governmental officers or agencies in connection with the occurrence alleged in the complaint; 3. All photographs of the scene of the incident/occurrence alleged in the complaint, as said scene existed at the time of the incident/occurrence allege in the complaint; 4. All photographs of the plaintiff depicting the injuries allegedly sustained as a result of the occurrence alleged in the complaint; 5. True and accurate copy ofthe agreement to rent, if any, which was in effect between plaintiff(s) and defendantnew YORK CITY HOUSING AUTHORITY on the date ofthe occurrence alleged in the complaint; 16 of 39

17 6. Ifthis action involves a loss ofservices claim, a true and accurate copy of the following: (a) With regard to any spouse who is a party to this action, themarriage certificate and any divorce or separation decrees(s); and (b) With regard to any infant that is involved in this action, the infant's birth certificate. 7. Copies of all claims and pleadings served upon any other person or entity, including the parties to this action, in any other action or proceeding commenced by the plaintiffand arising out of the same facts or occurrence in whichthe injuries or damages as allegedherein are in issue. PLEASE TAKE NOTICE that the foregoing is a continuing demand and you are required to furnish responses to any of the items demanded herein for which information is obtained after service of your responses hereto, within twenty (20) days of receipt of said information; but, in any event, no later than forty-five (45) days before the time oftrial. This defendant will object at the time of trial to the testimony of any witness or the introduction of any evidence notsupplied in accordance with this demand. Dated: New York, New York January 23, 2017 Byr^ LawrenceFreeze LEWIS JOHS /^ALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York File No: NY To: Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23 Fl. Suite 2300 New York, NY of 39

18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No /17 JONATHAN BONIFICIO, Plaintiff, DEMAND FOR STATEMENTS - against - NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. X PLEASE TAKE NOTICE that defendant, NEW YORK CITY HOUSING AUTHORITY, by its undersigned attorneys, LEWIS JOHS AVALLONE AVILES, LLP, pursuant to CPLR Sections 3101(e) and 3120, thatthe said attorneys be provided at 61 Broadway, Suite 2000, New York, New York 10006, with true and accurate copies of all statements, signed or unsigned, recorded on tape electronically or otherwise, made by defendant NEW YORK CITY HOUSING AUTHORITY, or its agents, servants and/or employees, taken by, or onbehalf of, or inthe possession of any of the other parties to this action or their respective attorneys. PLEASE TAKE FURTHER NOTICE that ifthere are no such statements, please so state in a sworn reply to this demand. PLEASE TAKE FURTHER NOTICE that default in complying with this demand within twenty (20) days of the date of service hereof will serve as a basis for objection by the undersigned attorneys to the use of any such statement upon the trial of this action. PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands and all responsive information that is made known or becomes available after service of the above demands shall be furnished to the undersigned in a timely fashion. Dated: New York, New York January 23, of 39

19 Byf Lawrenccyd. Freeze LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York File No: NY To; Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23^^ Fl. Suite 2300 New York, NY of 39

20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No /17 JONATHAN BONIFICIO, Plaintiff, DEMAND FOR - against - MEDICAL INFORMATION NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. X PLEASE TAKE NOTICE that defendant NEW YORK CITY HOUSING AUTHORITY, by its attorneys, LEWIS JOHS AVALLONE AVILES, LLP, hereby demands, pursuant to Article 31 of the CPLR and the Uniform Rules of the Court, that each plaintiff provide to said attorneys at 61 Broadway, Suite 2000, New York, New York 10006, within twenty (20) days from the date of service hereof, the following: 1. The names and addresses of all physicians or other health care providers of every description who have consulted, examined, or treated each plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the complaint, including the dates ofsuch consuhations, examinations, or treatments; 2. Duly executed and acknowledged Health Insurance Portability and Accountability Act (HIPAA) compliant written authorizations directed to any hospital, clinic, or health care facility, including, but not limited to, Emergency Medical Service (EMS) or any ambulance service, in which each injured plaintiffherein was or continues to be treated or confined due to the occurrence set forth in the complaint so as to permit the securing of a copyof the entire hospital records including X-rays and technicians* reports; 3. Duly executed and acknowledged HIPAA compliant written authorizations to allow defendant NEW YORK CITY HOUSING AUTHORITY to obtain the complete office medical records, relating to each plaintiff, of each physician or health care provider identified in response to "1" above; 4. Copies of all medical reports, records, narrative records, and statements received from physicians or health care providers identified in response to "1" above. These shall include a detailed recital ofthe injuries and conditions as to which testimony will be offered at the trial of this action, referring to and identifying those X-rays and technicians' reports which will be offered at the trial ofthis action. 20 of 39

21 5. Duly executed and acknowledged HIPAA compliant written authorizations to allow defendant NEW YORK CITY HOUSING AUTHORITY to obtain complete pharmacy and/or surgical supply records withrespect to any drugs, surgical supplies and/or prostheses prescribed for plaintiff from one (1) year prior to the occurrence described in the complaint to the present date; 6. Within the time period of the date of the occurrence to the present, true and accurate copies of bills, invoices, and statements for medical treatment of every description, or any bills, invoices, and statements incidental to medical treatment of every description, including, but not limited to, bills, invoices, and statements for drugs, medication or pharmaceutical ofevery description, relating to the injuries allegedly caused orexacerbated by the occurrence described in the complaint; 7. If it is claimed that the occurrence alleged in the complaint exacerbated and/or aggravated any physical or mental condition of any plaintiff herein, set forth specifically each and every physical or mental condition it is claimed was exacerbated and/or aggravated, and set forth the names and addressesof each and every physicianor other health care providerof every description who was consulted, examined, and/or treated each plaintiff with relation to the physical or mental condition which was allegedly exacerbated and/or aggravated by the occurrence alleged in the complaint; 8. Duly executed and acknowledged HIPAA compliant written authorizations directed to any hospital, clinic, or health care facility, including, but not limited to. Emergency Medical Service (EMS) or any ambulance service, in which each injured plaintiff herein was treated, examined, and/or confined prior to the date of the occurrence alleged in the complaint with relation to any physical ormental condition of each plaintiff that was allegedly exacerbated and/or aggravated by the occurrence alleged in the complaint; 9. Duly executed and acknowledged HIPAA compliant written authorizations to allow defendant NEW YORK CITY HOUSING AUTHORITY to obtain the complete office medical records relating to each plaintiff, of each physician or health care provider identified in response to "7" above; 10. Copies of all medical reports, records, narrative records, and statements received from physicians or health care providers identified inresponse to "7" above. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial of this action, referring to and identifying those X-rays and technicians' reports which will be offered at the trial ofthis action; 11. In the case of death, duly executed and acknowledged written authorizations to allow defendant NEW YORK CITY HOUSING AUTHORITY to obtain the complete Medical Examiner's records and reports, including the autopsy report, with respectto the decedent. PLEASE TAKE FURTHER NOTICE that, upon your failure to comply with the above demands, defendant NEW YORK CITY HOUSING AUTHORITY will move this court, at or before the trial ofthis action, to preclude the plaintiff fi-om offering any evidence ofthe 21 of 39

22 conditions described in the reports or records demanded, offering in evidence any part of the hospital records, medical reports, and records, X-ray reports or reports ofother technicians not made available pursuant to applicable rules; and offering any testimony of any physicians whose medical reports have not been served pursuant to the above demands. PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands and all responsive information that subsequently is made known or becomes available shall be furnished to the undersigned in a timely fashion. Dated: New York, New York January 23, 2017 By:-/ Lawrence J. Freeze LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York FileNo: NY To: Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23'^'^ Fl. Suite 2300 New York, NY of 39

23 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X JONATHAN BONIFICIO, Plaintiff, - against - Index No /17 DEMAND FOR ACCIDENT REPORTS NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. -X PLEASE TAKE NOTICE that defendant NEW YORK CITY HOUSING AUTHORITY, by its undersigned attorneys, LEWIS JOHS AVALLONE AVILES, LLP, hereby demands, pursuant to CPLR Section 3101(g), that plaintiff provide to said attorneys at 61 Broadway, Suite 2000, New York, New York 10006, within thirty (30) days after the date of service hereof, the following: 1. True and accurate copies of any written reports of the occurrence alleged in the complaint. PLEASE TAKE FURTHER NOTICE that failure to comply with the foregoing demand will serve as the basis for a motion for the appropriate reliefpursuant to the CPLR. Dated; New York, New York January 23, 2017 To: Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23 Fl. Suite 2300 New York, NY Lawrence J.freeze LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York File No: NY 23 of 39

24 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No /17 JONATHAN BONIFICIO, Plaintiff, DEMAND FOR WITNESSES - against - NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. X PLEASE TAKE NOTICE that defendant NEW YORK CITY HOUSING AUTHORITY by its attorneys, LEWIS JOHS AVALLONE AVILES, LLP, pursuant to CPLR Section 3101, demands that you provide within twenty (20) days from the date of service hereof, the names and addresses of all persons known to your client or to you, as attorneys for your client, with respect to the following: 1. The occurrence alleged in the complaint; 2. Any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; 3. Any actual notice allegedly given to defendant NEW YORK CITY HOUSING AUTHORITY, or its agents, servants or employees, of anyconditions(s) which allegedly caused the occurrence alleged in the complaint; 4. The nature and duration of any alleged condition which allegedly caused the occuitence alleged in the complaint; 5. Any repairs, at any time, made to the alleged location/condition which allegedly caused the occurrence alleged in the complaint; 6. The alleged injuries, losses, and/or damages. PLEASE TAKE FURTHER NOTICE that ifno such witnesses are known or claimed by the party you represent, so state in a sworn replyto the above demands. PLEASE TAKE FURTHER NOTICE that the undersigned will object upon trial ofthis action to the testimony of any witnesses not identified in response to the above demands. 24 of 39

25 PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands, and all responsive information that subsequently is made known or becomes available shall be furnished to the undersigned in a timely fashion. Dated: New York, New York January 23, 2017 Byf Lawrencje J. Freeze LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York File No: NY To: Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23"' Fl. Suite 2300 New York, NY of 39

26 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JONATHAN BONIFICIO, Plaintiff, - X Index No /17 DEMAND FOR - against - COLLATERAL SOURCES NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. X PLEASE TAKE NOTICE that defendant NEW YORK CITY HOUSING AUTHORITY, by its undersigned attorneys, LEWIS JOHS AVALLONE AVILES, LLP, hereby demands, pursuant to CPLR Sections 3101, 3120 and 4545, that plaintiff provide to said attorney at 61 Broadway, Suite 2000, New York, New York 10006, within twenty (20) days after the date of service hereof, the following: 1. A verified statement as to whether all or any part ofthe past or future cost orexpense ofmedical care, dental care, custodial care, rehabilitation services, loss of earnings, orother economic loss sought to be recovered inthis action was orwill, with reasonable certainty, be replaced or indemnified, in whole or in part, from any collateral source such as, but not limited to, insurance (except life insurance), social security (except those benefits provided under Title XVIII of the Social Security Act), workers' compensation, or employee benefits programs (except such collateral sources entitled by law to liens against any recovery of the plaintiff) and, if so, the full name and address of each organization or program providing such replacement or indemnification, together with anitemized statement ofthe amount in which each such claimed item of economic loss was or will, with reasonable certainty, be replaced or indemnified by each such organization or program. 26 of 39

27 2. Duly executed and acknowledged written authorizations required to permit defendant NEW YORK CITY HOUSING AUTHORITY to obtain all records reflecting any collateral source(s) or payment(s), past or future, identified in response to the foregoing demand, including butnot limited to; The Workers Compensation carrier and the Workers Compensation Board. PLEASE TAKE FURTHER NOTICE that your failure to comply with the above demands will serve as the basis for a motion for the appropriate relief pursuant to the C.P.L.R. Dated: New York, New York January 23, 2017 By:^ Lawrence J. Freeze LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York File No: NY To: Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23^^ FL Suite 2300 New York, NY of 39

28 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No /17 JONATHAN BONIFICIO, Plaintiff, DEMAND FOR - against - EMPLOYMENT RECORD AUTHORIZATIONS NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. X PLEASE TAKE NOTICE that the defendant NEW YORK CITY HOUSING AUTHORITY, by its undersigned attorneys, LEWIS JOHS AVALLONE AVILES, LLP, hereby demands, pursuant to C.P.L.R. Sections 3101 and 3120, that plaintiff provide to said attorney at 61 Broadway, Suite 2000, New York, New York 10006, within twenty (20) days of the date of service hereof, the following: 1. Duly executed and acknowledge written authorizations required to permit defendant NEW YORK CITY HOUSING AUTHORITY to obtain and make copies ofall employment records of each plaintiff for three (3) years prior to the occurrence alleged in the complaint, the year of the occurrence alleged in the complaint and up to the present date. PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand will serve as the basis for a motion seeking an order, in whole or in part, precluding plaintiffin the trial of this action from offering evidence as to lost wages and/or income as a result ofthe occurrence alleged in the complaint. Dated: New York, New York January 23, of 39

29 To: By:/ Lawrenc^J. Freeze Frees LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York File No: NY Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23^^ Fl. Suite 2300 New York, NY of 39

30 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JONATHAN BONIFICIO, Plaintiff, X Index No /17 DEMAND FOR - against - EXPERTS NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. X PLEASE TAKE NOTICE that pursuant to Civil Practice Law and Rules Section 3101 (d) (1) and the Rules of the Appellate Division, demand is hereby made upon theplaintiff or her attorney to serve upon and deliver to the undersigned attorneys for the defendant, NEW YORK CITY HOUSING AUTHORITY, the following information pertaining to any expert witness who is expected to be called for trial, within twenty (20) days of service of this notice: 1. The name(s) and address(es) of each personthat plaintiffexpects to call to give expert testimony at the trial ofthis action; 2. Disclosure, in reasonable detail, ofthe qualifications, including, but no limited to, educational background and degrees, publications, memberships in professional organizations and societies, certifications and licenses, and employment history, of each person that each plaintiff expects to call to give expert testimony at the trial of this action; 3. For each person that plaintiff expects to call to give expert testimony at the trial of this action, disclosure, in reasonable detail, of the facts upon which the expert will rely in formulating his opinions and conclusions, and, the source or sources ofthe expert's knowledge concerning such facts, including, but not limited to, where applicable, the statistics, studies, surveys, reports, test results, analyses and all other source material relied upon by the expert; 30 of 39

31 4. Foreach person that plaintiff expects to call to give expert testimony at the trial ofthis action, disclosure, in reasonable detail, of the subject matter ofthe testimony, including, but not limited to, the opinions to which the experts is expected to testify, the conclusions to which the expert is expected to testify, and, the grounds for the opinions and conclusions to which the expert is expected to testify; 5. With respect to physicians or other medical providers, for each person that plaintiff expects to call to give expert testimony at the trial of this action, disclosure, in reasonable detail of(in addition to all of the above) the following: (a) (b) (c) (d) (e) (f) Whether the expert is licensed in this state; Whether the expert is licensed to practice medicine in any other state; Whether the expert is certified in a specialty in this state or any other state and, ifso, set forth the specialty(ies); Whether the expert has authored any medical book(s), treatise(s), article(s), publication(s) and/or written material(s) in the field of his/her expertise and, if so, set forth the name and date of said book(s), treatise(s), article(s), publication(s) and/or written material(s); A description of every medical, dental and/or hospital record, report, note and/or chart upon which the expert will rely; A list of the name(s) and date(s) of all books, treatises, articles, publications and/or written materials upon which the expert will rely. PLEASE TAKE FURTHER NOTICE that in the event no such expert(s) is/are expected to be called as (an) expert witness(es) at the trial of this action, then a sworn statement to that effect is hereby demanded to be produced. PLEASE TAKE FURTHER NOTICE that the above demands are continuing demands and all responsive information that is made known or becomes available after service of the above demands shall be furnished to the undersigned attorneys in a timely fashion. 31 of 39

32 PLEASE TAKE FURTHER NOTICE that defendant, NEW YORK CITY HOUSING AUTHORITY, will move at the time of trial or prior thereto, for an order precluding the giving of testimony by an expert for whom full and complete information had notbeen furnished in compliance with the above demands. Further, the failure to fully comply with the above demands in a timely fashion may also be grounds for anorder striking the complaint, dismissing the action and/or such other reliefas the Court deems just under the circumstances. Dated: New York, New York January 23, 2017 To: Lawrence J. Freeze LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York File No: NY Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23'^'' Fl. Suite 2300 New York, NY of 39

33 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JONATHAN BONIFICIO, Plaintiff, X Index No /17 DEMAND FOR INCOME - against - INFORMATION AND IRS RECORD AUTHORIZATIONS NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. X PLEASE TAKE NOTICE, that the defendant NEW YORK CITY HOUSING AUTHORITY, byits undersigned attorneys, LEWIS JOHS AVALLONE AVILES, LLP, hereby demands, pursuant to CPLR Section 3120, that plaintiff provide to said attorney at 61 Broadway, Suite 2000, New York, New York 10006, within twenty (20) days of the date of service hereof, the following: 1. True and accurate copies of documentation reflecting income earned by plaintiff for three (3) years prior, the year of and one (1) year subsequent to the occurrence alleged in the complaint, including, but not limited to, W-2 Forms, 1099 Forms, and any other indicia of income earned; 2. True and accurate copies of Federal, State and City income tax returns for plaintiff for three (3) years prior, the year of and one (1) year subsequent to the occurrence alleged in the complaint; 3. Duly executed and acknowledged written authorizations required to permit defendant, NEW YORK CITY HOUSING AUTHORITY, to obtain Internal Revenue Service records, documents and returns relative to each plaintifffor the years specified on the authorization form to be provided to plaintiffby defendant, NEW YORK CITY HOUSING AUTHORITY. PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing demands will serve as the basis of a motion seeking, in whole or in part, an order precluding plaintiff from introducing into evidence and for otherwise using the above demanded items for any purpose whatsoever upon the trial ofthis action. Dated: New York, New York January 23, of 39

34 By: / LawrenceJ. Freeze LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 61 Broadway, Suite 2000 New York, New York File No: NY To: Harmon Linder & Rogowsky Attorney for Plaintiff 3 Park Avenue, 23'^'' Fl. Suite 2300 New York, NY of 39

35 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JONATHAN BONIFICIO, Plaintiff, -X Index No /17 - against - DEMAND FOR MEDICAID, MEDICARE SSDI/SSI NEW YORK CITY HOUSING AUTHORITY, and THE CITY OF NEW YORK, Defendant. -X PLEASE TAKE NOTICE that, pursuant to the requirements of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. 1395y(b)(7) and (b)(8)), defendant demands that plaintiff provide the following information within twenty (20) days of the date hereof: a) The plaintiffs date ofbirth and gender; b) c) The plaintiffs social security number; Whether plaintiff has applied for or is receiving Medicare or Medicaid benefits and the address of the office handling the plaintiffs Medicare or Medicaid file; (1) If plaintiff is receiving Medicare benefits through a Medicare Advantage Plan, state the name of the entity issuing the Plan an and the address of the office handling the plaintiffs Medicare Advantage Plan benefits; d) e) f) Whether plaintiff has applied for or is receiving SSI or SSDI benefits in connection with any accident or illness which is the subject of this litigation, and include the address of the office handling the plaintiffs SSI and/or SSDI file; Whether plaintiff has been diagnosed with or is being treated for end-stage renal failure attributable or related to any accident or illness which is the subject of this litigation; Whether any application for said Medicare, Medicaid, SSI, SSDI and/or Medicare Advantage Plan benefits has been denied; 35 of 39

36 g) Whether plaintiff has appealed or intends to appeal from any denial of said Medicare, Medicaid, SSI, SSDI or Medicare Advantage Plan benefits; h) The identification number or beneficiary number (HICN) issued to the plaintifffor Medicare or other federal governmental benefits; (1) If plaintiff has a Medicare Advantage Plan, state the identification number or beneficiary number issued to the plaintiff for benefits; i) State whether Medicare and/or Medicaid and/or a Medicare Advantage Plan has a lien and if so, state the amount; j) Provide copies of documents, records, memoranda, notes, etc. in plaintiffs possession pertaining to receipt of Medicare, Social Security Disability, Medicaid and/or Medicare Advantage Plan benefits, including copies of all documents provided to or received from Medicare, Social Security Disability, Medicaid and/or Medicare Advantage Plan administrators; k) Provide copies of any claim summary documents from CMS, Medicare, Medicaid and/or a Medicare Advantage Plan; 1) If plaintiff has not received Medicare, Social Security Disability and/or Medicaid benefits in the past or is not receiving Medicare, Social Security Disability and/or Medicaid benefits now, state whether plaintiff is eligible to receive said benefits; m) If plaintiff was receiving Medicare, Social Security Disability Medicaid and/or Medicare Advantage Plan benefits and is now deceased, please provide the following: 1. Relationship of the administrator of the estate to the decedent; 2. Name and address of administrator; 3. Telephone number and address ofadministrator; 4. Social Security number ofadministrator; 5. An authorization to examine and copy deceased's Medicare, Social Security Disability, Medicaid and/or Medicare Advantage Plan records. PLEASE TAKE FURTHER NOTICE that, defendant demands that plaintiff furnish the following within twenty (20) days of the date hereof: 36 of 39