FILED: NEW YORK COUNTY CLERK 11/07/ :42 PM INDEX NO /2016 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/07/2016

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1 FILED: NEW YORK COUNTY CLERK 11/07/ :42 PM INDEX NO /2016 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 11/07/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA CHEIFFETZ, Plaintiff, Index No /2016 VERIFIED ANSWER vs. 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. Defendant, SAFEGATE ASSOCIATES, LLC by and through their attorneys, the Law Offices of Charles J. Siegel, answering the verified complaint of the plaintiff herein, alleges upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION FIRST: Denies any knowledge or information sufficient to form a belief as to paragraphs designated 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 1 of 26

2 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 151, and 152 of the verified complaint. SECOND: Admits paragraphs designated 19 and 21 of the verified complaint. THIRD: Deny paragraph designated 20 of the verified complaint, except admit defendant SAFEGATE ASSOCIATES, LLC was and still is a foreign business corporation, duly organized and existing under and by virtue of the laws of a state other than New York. FOURTH: Denies paragraphs designated 138, 139, 140, 141, 142, 143, 144, 145, 146 and 159 of the verified complaint. FIFTH: Denies any knowledge or information sufficient to form a belief as to paragraphs designated 147, 148 and 149 of the verified complaint and refers to the contract for its terms. SIXTH: Deny paragraph designated 150 of the verified complaint, except admit defendant SAFEGATE ASSOCIATES, LLC conducted certain OSHA Compliance Site inspections for the aforementioned construction project. SEVENTH: Denies paragraphs designated 153, 154, 155, 156, 157 and 158 of the verified complaint and refers all questions of law to the Court at the time of trial. AS AND FOR A SECOND CAUSE OF ACTION EIGHTH: The defendant repeats and reiterates all the admissions and denials contained in the foregoing answer, with reference to those paragraphs repeated and reiterated in paragraph 160 of the verified complaint. 2 of 26

3 NINTH: Deny any knowledge or information sufficient to form a belief as to paragraph designated 161 of the verified complaint. TENTH: Denies paragraphs designated 162, 163, 164, 165 and 166 of the verified complaint and refers all questions of law to the Court at the time of trial. ELEVENTH: Deny paragraph designated 167 of the verified complaint. TWELFTH: Except where specifically admitted the defendant SAFEGATE ASSOCIATES, LLC, denies all other allegations contained in the verified complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care, or rehabilitative services, loss of earnings, or other economic loss, has been or will, with reasonable certainty, be placed or indemnified in whole or in part from collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. If any damages are recoverable against said defendants, the amount of such damages shall be diminished by the amount of the funds which plaintiff has or shall receive from such collateral source. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: In the event that the plaintiff recovers any judgment against this defendant, then this defendant demands that any such judgment be diminished in accordance with Article 16 of the CPLR and more particularly Section 1601 thereof. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: If the plaintiff, sustained damages as alleged, such damages occurred while plaintiff was engaged in an activity into which she entered, knowing the hazard, risk and danger of the activity and she assumed the risks incidental to and attending the activity. 3 of 26

4 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: That the complaint fails to state a cause of action. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: The plaintiff has failed to mitigate damages. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: Defendant SAFEGATE ASSOCIATES, LLC, pursuant to Section 1412 of the CPLR, alleges on information and belief, that if plaintiff sustained any injuries or damages at the time and place alleged in her verified complaint, such injuries or damages were the result of the culpable conduct of the plaintiff or because of the plaintiff's negligence and assumption of risk. Should it be found however, that the answering defendant is liable to the plaintiff herein, any liability being specifically denied, then the answering defendant alleges that if any damages are found, they are to be apportioned among the plaintiff and defendants according to the degree of responsibility that each is found to have in the occurrence, in proportion to the entire measure of responsibility for the occurrence. AS AND FOR A CROSS-CLAIM AGAINST THE DEFENDANTS 60 HUDSON OWNER LLC, COLLIERS INTERNATIONAL NY LLC, DATAGRYD DATA CENTERS, LLC, NOVA CORP. A/K/A NOVA/MISSION CRITICAL, BAY CRANE SERVICE INC., MRA ENGINEERING PC, GALASSO TRUCKING, INC., GALASSO TRUCKING & RIGGING INC., KEVIN REILLY, HATZEL AND BUEHLER, INC. COMPUTER COOL/ICE AGE MECHANICAL CORP., THE CITY OF NEW YORK, THE DEFENDANT, SAFEGATE ASSOCIATES, LLC ALLEGE(S), UPON INFORMATION AND BELIEF, PURSUANT TO CPLR 3019 (b): That if the plaintiff sustained the damages alleged in the complaint through any negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement other than her own, such damages were caused by and resulted from the negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement of the above-named co-defendants. That if the plaintiff recovers a verdict against the answering defendant for the damages alleged in the complaint, such liability will have been caused by the negligence and/or breach of 4 of 26

5 warranty and/or breach of contract and/or breach of indemnification agreement of the abovenamed co-defendants. That by reason of the foregoing, if any verdict or judgment is rendered in favor of the plaintiff against the answering defendant, then the above named co-defendants will be liable to the answering defendant, in whole or in part, for said verdict and for costs and expenses incurred by the said answering defendant in the defense of this action. WHEREFORE, the answering defendant SAFEGATE ASSOCIATES, LLC demands judgment dismissing the complaint herein and further demands judgment over and against the co-defendants hereinbefore named, in whole or in part, for any verdict or judgment rendered against the answering defendant, together with the costs and disbursements of this action and the attorney's fees and expenses incurred herein. Dated: New York, New York November 7, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFEGATE ASSOCIATES LLC 125 Broad Street, 7 th Floor New York, New York (212) By: Nikolaos E. Diamantis To: GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF Attorney for Plaintiff JULIA CHEIFFETZ 80 Pine Street New York, NY (212) of 26

6 AFFIRMATION OF VERIFICATION Nikolaos E. Diamantis, hereby affirms under the penalty of perjury, pursuant to CPLR 2106, that he is an attorney admitted to practice in the courts of this state and that he is associated with the Law Offices of Charles J. Siegel, the attorney for the Defendant, SAFEGATE ASSOCIATES, LLC, in the within action; that the foregoing verified answer is true to his own knowledge, except as to matter therein stated to be upon information and belief, and that as to those matters he believes it to be true. That this ANSWER is affirmed by your affirmant and not by the defendant because the defendant, upon information and belief is an individual not within the county where The Law Offices of Charles J. Siegel, has his offices, at the time this verification is executed, and the source of affirmant's information, and the grounds for his belief are the records and reports of investigation kept in the offices of the said attorney for the defendant in connection with this action and the accident out of which said action arises. Dated: New York, New York November 7, 2016 BY: Nikolaos E. Diamantis 6 of 26

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA CHEIFFETZ, vs. Plaintiff, Index No /2016 DEMAND FOR VERIFIED BILL OF PARTICULARS 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. S I R: PLEASE TAKE NOTICE, that the defendant SAFEGATE ASSOCIATES, LLC, hereby demands that the plaintiff serve on the undersigned, within twenty (20) days from the date of service hereof a verified bill of particulars with respect to the following matters: 1. State the exact date and approximate time of day of the occurrence. 2. Describe the location of the accident in sufficient detail to permit definite identification. 3. State the acts or omissions constituting the negligence claimed by the above named defendant. 4. (a) Set forth the nature and extent of the injuries claimed to have been sustained. (b) Specify any pre-existing injury or condition that it is claimed to have been exacerbated as a result of the negligence alleged in this lawsuit. 5. Describe the injuries claimed to be permanent in their nature and consequences in sufficient detail to permit definite identification. 7 of 26

8 6. Set forth the length of time it will be claimed plaintiff was confined (a) to bed (b) to house (c) set forth the dates of each hospital confinement, and identify the hospitals to which confined. 7. State (a) the usual business or occupation of the plaintiff and (b) plaintiff's salary or income, if any, per day, week or month. 8. Set forth the name and address of plaintiff's employer; or if self-employed, so state, indicating the name and address under which the plaintiff is doing business. 9. Set forth the amount of lost earnings or any financial loss incurred and the method by which the lost earnings and financial loss is computed. 10. Set forth the length of time if any, plaintiff was incapacitated from employment or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in which he was a student. 11. State (a) the plaintiff's date and place of birth (b) plaintiff's social security number (c) plaintiff's present address and (d) the address of the plaintiff at the time of the occurrence. 12. Set forth the amounts incurred for: (a) medical, surgical and dental services, stating separately the amount of each service identifying by whom rendered; (b) hospital services, stating separately the name and address of each hospital and the amount of each bill; (c) nursing services; (d) services for ambulance, X-rays, prescription drugs and prosthetics stating separately the amount of each bill and the service for which it was rendered; (e) any other item of expense, or damage; (f) if plaintiff received workers' compensation benefits, identify the insurance carrier and/or employer who provided said benefits, the workers' compensation file number, and the amount of the lien to date. 13. If loss of services, society, and consortium is claimed, set forth: (a) the length of time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party claiming the loss; and (c) the particular services claimed for loss of services, consortium, medical expenses, and other expenses. 14. Describe the particular portion of the sidewalk, roadway, lot or field where plaintiff allegedly fell, in sufficient detail to permit identification of the sidewalk or roadway and that portion thereon where plaintiff allegedly fell. 15. Describe the condition of the sidewalk, roadway, lot or field stating what it is alleged caused plaintiff's injury. 8 of 26

9 16. State the nature of the defective or negligent condition complained of and state its approximate location, giving distance and direction from the curb or the adjoining building and specifying from which points said distances and directions are given. 17. State the length, depth and width of the hole or defect in the sidewalk or street, (street, driveway, etc.). 18. If it is alleged that water, liquid or ice caused the plaintiff's accident, describe the water, liquid or ice as to appearance and dimensions and state the approximate dimensions of the particular portion of the aforesaid sidewalk or roadway where the water, liquid or ice was caused to form. 19. If it is alleged that water, liquid or ice caused the plaintiff's accident, state in what respects it is alleged the defendant carelessly and negligently conducted, managed and superintended the premises so as to permit water, liquid or ice to be discharged therefrom upon the sidewalk or street. 20. State whether it is claimed that defendant had notice of the condition complained of and if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long plaintiff claims the alleged condition existed before the alleged accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and if written, set forth a copy thereof. 21. Set forth the statutes or ordinances alleged to have been violated by the defendant, designating by chapter, article, division, subdivision, section, paragraph and otherwise the particular portions and provisions of the specific laws, ordinances, rules and regulations allegedly violated by defendant. Dated: New York, New York November 7, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFEGATE ASSOCIATES LLC 125 Broad Street, 7 th Floor New York, New York (212) By: Nikolaos E. Diamantis 9 of 26

10 To: GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF Attorney for Plaintiff JULIA CHEIFFETZ 80 Pine Street New York, NY (212) of 26

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA CHEIFFETZ, Plaintiff, Index No /2016 COMBINED DEMANDS vs. 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE, that the Defendant, SAFEGATE ASSOCIATES, LLC through it's attorney, THE LAW OFFICES OF CHARLES J. SIEGEL, demand that you furnish the following items: DEMAND FOR MEDICALS 1. Pursuant to the applicable Rules of the Appellate Division of the Supreme Court concerning the exchange of medical information, copies of all medical records, reports, diagnoses, prognoses, as well as hospital records, x-rays, diagnostic films, test results and charts and duly executed authorizations to examine any and all of the aforementioned, together with authorizations enabling this defendant to obtain copies of any no-fault file maintained by a no-fault carrier, and/or workers' compensation file maintained by plaintiff's employer or insurance carrier. DEMAND FOR STATEMENTS 2. Pursuant to Section 3101(e) of the CPLR, the original or a clear, full and complete legible copy of any statement of the party or parties represented by the undersigned in the possession of any other party, attorney or their representatives in this action. Such statements are deemed to include, but are not limited to written statements, whether signed or unsigned, and oral or video statements which have been recorded, whether previously transcribed or not. 11 of 26

12 DEMAND FOR WITNESSES 3. The names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to: a. The occurrence alleged in the complaint in this action; or b. Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the complaint; or c. Any actual notice allegedly given to the defendant answering herein of any condition which allegedly caused the occurrence alleged in the complaint; or d. The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint. DEMAND FOR EMPLOYMENT AND/OR SCHOOL RECORDS 4. Pursuant to Rule 3120 of the CPLR, a complete copy of the plaintiff's employment records for the two years prior and subsequent to the alleged occurrence, and/or a complete copy of plaintiff's school records prior to and subsequent to the alleged occurrence, and a duly executed authorization(s) allowing the obtaining of the aforementioned. Provide W-2's for three years preceding and two years after the accident date and an authorization for plaintiff's employer, including it's name and current address, to obtain the same. If Plaintiff is self-employed, provide authorizations to obtain plaintiff's tax return records from the Internal Revenue System. DEMAND FOR PHOTOGRAPHS AND/OR VIDEO TAPES 5. Pursuant to Rule 3120 of the CPLR, photographs, videos, surveillance tapes and reports, or films of the instrumentality, the scene of the alleged occurrence and/or any defective and/or dangerous condition claimed to have existed thereat, and/or property damage sustained, and/or plaintiff's injuries, that are in plaintiff's possession. DEMAND FOR PARTIES APPEARING 6. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and attorney appearing in this action. DEMAND FOR EXPERTS 7. Identify and state the qualifications of each person whom you intend to call as an expert witness at the time of trial; 12 of 26

13 8. The subject matter in reasonable detail upon which the expert is expected to testify; 9. A statement of the facts and opinions upon which the expert is expected to testify; 10. A detailed summary of those facts and opinions; and 11. The resumes of each expert upon whose testimony you will reply upon at the time of trial, concerning the subject lawsuit. DEMAND FOR COLLATERAL SOURCE 12. The names, addresses and amounts received to date from all persons, firms or organizations which have reimbursed plaintiff for the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss and other costs including but not limited to: (a) insurance; (b) social security benefits; (c) workers compensation benefits; (d) disability benefits; (e) employee benefits programs (including union benefits programs); (f) any other source. 13. Where reimbursement was or is pursuant to a policy of a type, state the name of the policy holder, the policy number and the name of the issuer of the policy; a list of claims submitted pursuant to the policy, and the amount of money received pursuant to each claim. 14. Duly executed and acknowledged written authorizations directed to all persons, firms or organization which have reimbursed plaintiff(s) for costs of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss or other costs or to whom such claims have been submitted to obtain copies of the policies under which said payments or claims were made, copies of all checks and other indicia of payment, and copies of any claims submitted for payment. DEMAND FOR INSURANCE 15. That pursuant to CPLR 3101(f) this defendant demands that you produce any and all insurance agreements under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reinburse for payments made to satisfy the judgment which may be entered herein, including but not limited to excess and additional coverage. PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand, the plaintiff(s) will be precluded upon the trial of the within action from offering in evidence or testifying as to any of the items requested herein. 13 of 26

14 PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they are to be immediately furnished to this office. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state and provide the aforesaid items at the time and place required in this request, a motion will be made for the appropriate relief to this Court. Dated: New York, New York November 7, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFEGATE ASSOCIATES LLC 125 Broad Street, 7 th Floor New York, New York (212) By: Nikolaos E. Diamantis To: GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF Attorney for Plaintiff JULIA CHEIFFETZ 80 Pine Street New York, NY (212) of 26

15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA CHEIFFETZ, Index No /2016 vs. Plaintiff, DEMAND FOR PHYSICAL EXAMINATION 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to the Rules of the Appellate Division, Judicial Department, requiring Physical Examination and Exchange of Medical Information, this defendant wishes to have a physical examination of the plaintiff, to be conducted by a doctor who will be named at a future date. PLEASE TAKE FURTHER NOTICE, that at least twenty (20) days before the date set for the physical examination, you are required to serve upon and deliver to all other parties, all papers, reports, records and authorizations enumerated in the aforesaid Rules. Dated: New York, New York November 7, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFEGATE ASSOCIATES LLC 125 Broad Street, 7 th Floor New York, New York (212) By: Nikolaos E. Diamantis 15 of 26

16 To: GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF Attorney for Plaintiff JULIA CHEIFFETZ 80 Pine Street New York, NY (212) of 26

17 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA CHEIFFETZ, Index No /2016 vs. Plaintiff, DEMAND FOR MEDICARE/MEDICAID DISCLOSURE 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. C O U N S E L O R S: PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned attorney for the answering defendant hereby demands that you furnish us within 30 days of the service of this notice the following: PLEASE TAKE NOTICE that Defendant hereby demands that plaintiff, provide the following information in order to ensure compliance with the Medicare, Medicaid and SCHIP Extension Act of 2007 ( MMSEA ) 42 U.S.C (y) (b) (7): 1. Set out the plaintiff s/decedent s full legal name and social security number as contained on his/her social security card. 2. Set out plaintiff s/decedent s date of birth. 3. Set out plaintiff s/decedent s gender 4. Has the plaintiff/decedent ever been a Medicare beneficiary? 17 of 26

18 (a) If the answer is yes, on what date did Medicare benefits commence? (b) The address of the office handling the plaintiff s/decedent s Medicare/Medicaid file; (c) Copies of all documents, records, memorandums, notes, etc. in plaintiff s/decedent s possession pertaining to plaintiff s/decedent s receipt of Medicare or Medicaid benefits; and (d) A duly executed authorization bearing plaintiff s/decedent s date of birth and Social Security number permitting this firm and/or the representatives of defendant to obtain copies of plaintiff s/decedent s Medicaid or Medicare records. 5. If plaintiff/decedent has ever been a Medicare beneficiary, provide the Identification Number supplied by Medicare to identify plaintiff s/decedent s claim. 6. Has the plaintiff/decedent ever been Medicare eligible as defined under federal legislation? 7. If plaintiff/decedent has ever been Medicare eligible, on what date did he/she achieve that status? 8. Has the plaintiff/decedent ever applied to the Social Security Administration seeking disability benefits? (a) If the answer is yes, on what date was such application first filed? 9. Has the Social Security Administration determined the plaintiff/decedent to be entitled to disability benefits? (a) If the answer is yes, on what date was that determination made? 18 of 26

19 10. Has the Social Security Administration determined the plaintiff/decedent not entitled to benefits? (a) If the answer is yes, on what date was that determination made? PLEASE TAKE FURTHER NOTICE that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the following: a. Within 30 days of the date of this demand; b. Within 20 days of the receiving the above-questioned information; c. No later than 30 days prior to the commencement of trial. If you do not possess the above-requested information, a letter or affidavit to that effect should be submitted. PLEASE TAKE FURTHER NOTICE that failure to provide the items demanded above will preclude plaintiff from providing liability, causation and damages at trial. Dated: New York, New York November 7, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFEGATE ASSOCIATES LLC 125 Broad Street, 7 th Floor New York, New York (212) By: Nikolaos E. Diamantis To: GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF Attorney for Plaintiff JULIA CHEIFFETZ 80 Pine Street New York, NY (212) of 26

20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA CHEIFFETZ, vs. Plaintiff, Index No /2016 DEMAND FOR MEDICAL BILLING DISCLOSURE 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. C O U N S E L O R S: PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned within twenty (20) days, copies of all records and/or reports and duly executed authorizations for such records relating to billing by any medical individual or entity involved in the treatment, diagnosis and prognosis of the plaintiff(s) for injuries allegedly suffered herein. PLEASE TAKE FURTHER NOTICE that undersigned will object, upon the trial of this action, to the receipt in evidence of any part of said records not made available pursuant to this demand; and to the introduction of any evidence of costs connected with injuries or conditions not set forth or put in issue in any billing record or reports heretofore received by the undersigned and to the testimony of any physician whose billing records have not been served as demanded. Dated: New York, New York November 7, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFEGATE ASSOCIATES LLC 125 Broad Street, 7 th Floor New York, New York (212) By: Nikolaos E. Diamantis 20 of 26

21 To: GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF Attorney for Plaintiff JULIA CHEIFFETZ 80 Pine Street New York, NY (212) of 26

22 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA CHEIFFETZ, Index No /2016 vs. Plaintiff, DEMAND FOR SOCIAL MEDIA DISCLOSOURE 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to 3120 of the CPLR you are hereby required to furnish to the undersigned, authorizations to obtain full access to and copies of, defendants current and historical Facebook, Twitter, MySpace, Instagram, and Linkdln accounts for the period of (1) year prior to the contract date in this matter to the present. See Romano v. Steeicase, Inc., (Suffolk Co., Sup. Ct., September 21, 2010); and Servelli v. Westchester, (Westchester Sup. Ct., December 22,2010), 1. Authorizations shall permit the release and complete copies of said accounts including but not limited to: all records, information, photographs, videos, comments, messages and posting on Facebook, Twitter, MySpace, Instagram, and Linkedln accounts. 2. Authorizations shall include the name, username, screen name, and account used in creating each and every Facebook, Twitter, MySpace, Instagram, and Linkedln accounts. 3. The authorizations shall allow full and unrestricted access to the requested records and shall be directed to the following: a. Facebook Attn: Security Department 1601 South California Avenue Palo Alto, CA of 26

23 b. Twitter, Inc. c/o Trust & Safety 795 Folsom Street, Suite 600 San Francisco, CA c. LinkedIn Corporation Attn: Legal Department 2029 Stierlin Court Moutain View, CA (Authorizations must specify the username/screen name/friend ID for the account, the password associated with the account, the user s zip code and date of birth) If plaintiff was not a registered user of Facebook, Twitter, Myspace, Instrgram, and/or Linkedln during the requested time period, defendant demands an affidavit from each individual defendant, under oath, to that effect. PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid item(s) at the time and place required in this Notice, a motion will be made to the Court for the appropriate relief with costs. Dated: New York, New York November 7, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFEGATE ASSOCIATES LLC 125 Broad Street, 7 th Floor New York, New York (212) By: Nikolaos E. Diamantis To: GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF Attorney for Plaintiff JULIA CHEIFFETZ 80 Pine Street New York, NY (212) of 26

24 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JULIA CHEIFFETZ, Plaintiff, vs. Index No /2016 NOTICE FOR EXAMINATION BEFORE TRIAL 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. S I R S : PLEASE TAKE NOTICE, that the testimony of the plaintiff will be taken before a Notary Public who is not of counsel to either of the parties herein at the law offices of THE LAW OFFICES OF CHARLES J. SIEGEL, 125 Broad Street, 7th Floor, New York, N.Y , on a date mutually agreeable to all parties. The said plaintiff is to be examined with respect to the relevant and material allegations of fact put in issue by the pleadings in the action including negligence, contributory negligence, liability or damages. That for the purpose authorized by CPLR 3111, the said attorneys are required to produce at such examination any books, papers or other things in their custody or control related to any of the matters in controversy. Dated: New York, New York November 7, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant SAFEGATE ASSOCIATES LLC 125 Broad Street, 7 th Floor New York, New York (212) By: Nikolaos E. Diamantis 24 of 26

25 To: GAIR, GAIR, CONASON, RUBINOWITZ, BLOOM, HERSHENHORN, STEIGMAN & MACKAUF Attorney for Plaintiff JULIA CHEIFFETZ 80 Pine Street New York, NY (212) of 26

26 ==================================================================== SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No /2016 JULIA CHEIFFETZ, Plaintiff, vs. 60 HUDSON OWNER LLC; COLLIERS INTERNATIONAL NY LLC; DATAGRYD DATA CENTERS, LLC; NOVA CORP., a/k/a NOVA/MISSION CRITICAL; BAY CRANE SERVICE INC.; MRA ENGINEERING P.C.; GALASSO TRUCKING, INC.; GALASSO TRUCKING & RIGGING, INC.; KEVIN REILLY; HATZEL AND BUEHLER, INC.; COMPUTER COOL/ICE AGE MECHANICAL, CORP.; SAFEGATE ASSOCIATES, LLC and THE CITY OF NEW YORK, Defendants. ==================================================================== Verified Bill of Particulars, Combined Demands, Demand for Physical Examination, Demand for Medicare/Medicare Disclosure, Demand for Medical Billing Disclosure, Demand for Social Media Disclosure, Notice for Examination Before trial ==================================================================== LAW OFFICE OF CHARLES J. SIEGEL Attorney for Defendant SAFEGATE ASSOCIATES, LLC 125 Broad Street 7 th Floor New York, N.Y (212) ==================================================================== LAW OFFICE OF CHARLES J SIEGEL 26 of 26