FILED: NEW YORK COUNTY CLERK 12/23/ :55 PM INDEX NO /2013 NYSCEF DOC. NO. 581 RECEIVED NYSCEF: 12/23/2016

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1 FILED: NEW YORK COUNTY CLERK 12/23/ :55 PM INDEX NO /2013 NYSCEF DOC. NO. 581 RECEIVED NYSCEF: 12/23/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARTHA PARADA ARDAYA and STIVENS A. SANQUINO, as Co-Administrators of the Estate of ANTONIO PELAGIO URQUIZA CARDENAS, a/k/a ANTONIO URQUIZA, Deceased, Plaintiffs, Index No.: /2013 PARK AND 76TH ST. INC., MARY L. CARPENTER, EDMUND M. CARPENTER, NORDIC CUSTOM BUILDERS INC., MITCHELL STUDIO, LLC, GUMLEY-HAFT LLC, CUMMINS PAINTING SPECIALISTS INC., ARTHUR C. KLEM, INC., ALKLEM PLUMBING, INC., AA SERVICES LLC, GT CARPENTRY, LLC, CONNECTICUT THERMOFOAM LLC a/k/a CONNECTICUT THERMOFOAM LIMITED LIABILITY COMPANY, ERIN CUSTOM INTERIORS INC., W.M. SANFARDINO ELECTRIC LTD, and PLASTER WORKS INC., DEMAND FOR BANKING RECORDS AUTHORIZATION Defendants. PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC, Third-party plaintiffs, Third-party Index No.: /2013 Third-party defendant. Page 1 of 5 1 of 6

2 MARY L. CARPENTER & EDMUND M. CARPENTER, Second third-party plaintiffs, Second third-party Index No.: /2014 Third-party defendant/ Second third-party defendant. NORDIC CUSTOM BUILDERS INC., Third third-party plaintiff, Third third-party Index No.: /2014 Third Third-party Defendant. MITCHELL STUDIO, LLC, Fourth third-party plaintiff, Fourth third-party Index No.: /2014 Third Fourth third-party defendant. PLEASE TAKE NOTICE that defendants, third-party plaintiffs, PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC, hereby demand that plaintiff provide a duly executed Page 2 of 5 2 of 6

3 authorization for all records maintained by CHASE BANK in connection with account number opened with the branch located at 172 North Street, Port Chester, New York including but not limited to applications, deposits, payments, withdrawals, and debits, both domestic and foreign, made to and from said account, from the time it was opened through the date of ANTONIO PELAGIO URQUIZA CARDENAS death. PLEASE TAKE NOTICE that mailing of the requested authorization to the offices of the undersigned within 30 days of the date hereof will be in complete satisfaction of these demands. PLEASE TAKE FURTHER NOTICE that failure to comply with this demand within the time limit as prescribed above shall serve as a basis for a motion to preclude the testimony of witnesses regarding the alleged transactions and for such other and further relief as may be proper including, but not limited to the dismissal of the pecuniary loss claims alleged herein. PLEASE ALSO TAKE NOTICE that the foregoing are continuing demands and that, if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to these demands. Dated: New York, New York December 23, 2016 Page 3 of 5 3 of 6

4 X LAWRENCE A. DORIS, ESQ. FLYNN, GIBBONS & DOWD, ESQS. Attorneys for defendants, third-party plaintiffs, PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC 65 Broadway Suite 742 New York, New York (212) RAYMOND SCHWARTZBERG & ASSOCIATES, PLLC Attorneys for plaintiffs, MARTHA PARADA ARDAYA and STIVENS A. SANQUINO, as Co-Administrators of the Estate of ANTONIO PELAGIO URQUIZA CARDENAS, a/k/a Antonio Urquiza, Deceased, l4l2 Broadway Suite 1100A New York, New York (212) EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & ARCIOLD Attorneys for defendants, second third-party plaintiffs, MARY L. CARPENTER and EDMUND M. CARPENTER 55 Water Street 29th Floor New York, New York (212) BAXTER, SMITH & SHAPIRO, P.C. Attorney for defendant, third third-party plaintiff, NORDIC CUSTOM BUILDERS INC. 99 North Broadway Hicksville, New York (516) Page 4 of 5 4 of 6

5 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for defendant, fourth third-party plaintiff, MITCHELL STUDIO, LLC One CA Plaza Suite 225 Islandia, New York (631) EPSTEIN, GIALLEONARDO, HARMS & McDONALD, ESQS. Attorneys for ARTHUR C. KLEM, INC. and ALKLEM PLUMBING INC. One Whitehall Street 13 th Floor New York, New York (212) DUNCAN ROGERS LEE II, ESQ. Attorney for defendant, AA SERVICES, LLC 301 Highmount Terrace Upper Nyack, New York (845) RUSSO & TONER, LLP Attorneys for defendant, PLASTER WORKS INC. 33 Whitehall Street 16 th Floor New York, New York (212) CONGDON, FLAHERTY, O'CALLAGHAN, REID, DONLON, TRAVIS & FISHLINGER Attorneys for third-party defendant, second third-party defendant, third third-party defendant, fourth third-party defendant, 333 Earle Ovington Boulevard Suite 502 Uniondale, New York (516) Page 5 of 5 5 of 6

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARTHA PARADA ARDAYA and STIVENS A. SANQUINO, as Co-Administrators of the Estate of ANTONIO PELAGIO URQUIZA CARDENAS, a/k/a Antonio Urquiza, Deceased, Plaintiffs, - against - PARK AND 76TH ST. INC., MARY L. CARPENTER, EDMUND M. CARPENTER, NORDIC CUSTOM BUILDERS INC., MITCHELL STUDIO, LLC, GUMLEY-HAFT LLC, CUMMINS PAINTING SPECIALISTS INC., ARTHUR C. KLEM, INC., ALKLEM PLUMBING, INC., AA SERVICES LLC, GT CARPENTRY, LLC, CONNECTICUT THERMOFOAM LLC a/k/a CONNECTICUT THERMOFOAM LIMITED LIABILITY COMPANY, ERIN CUSTOM INTERIORS INC., W.M. SANFARDINO ELECTRIC LTD, and PLASTER WORKS INC., Defendants. PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC, Third-party plaintiffs, Index No.: /2013 Third-party Index No.: /2013 MARY L. CARPENTER & EDMUND M. CARPENTER, Third-party defendant. Second third-party plaintiffs, NORDIC CUSTOM BUILDERS INC., MITCHELL STUDIO, LLC, Third-party defendant/ Second third-party defendant. Third third-party plaintiff, Third Third-party Defendant. Fourth third-party plaintiff, Third Fourth third-party defendant. Second third-party Index No.: /2014 Third third-party Index No.: /2014 Fourth third-party Index No.: /2014 DEMAND FOR BANKING RECORDS AUTHORIZATION FLYNN, GIBBONS & DOWD, ESQS. Attorneys for defendants, third-party plaintiffs, PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC Office and Post Office Address 65 Broadway Suite 742 New York, NY (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 contentions contained in the annexed document are not frivolous. Dated: Print signer s name: 6 of 6