FILED: NEW YORK COUNTY CLERK 04/21/ :11 PM INDEX NO /2011 NYSCEF DOC. NO. 228 RECEIVED NYSCEF: 04/21/2015

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1 FILED: NEW YORK COUNTY CLERK 04/21/ :11 PM INDEX NO /2011 NYSCEF DOC. NO. 228 RECEIVED NYSCEF: 04/21/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE BOARD OF MANAGERS OF FIFTEEN MADISON SQUARE NORTH CONDOMINIUM INDEX NO.: /2011 Plaintiff MADISON PARK OWNERS LLC., MEZZANINE LLC., MADISON PARK HOLDING LLC., MADISON 26 LLC., G.O. IB-SIV U.S., LLC., WALTER SAMUELS, INC., DAVID VERLEY, PETER WEISS, STEVEN C. FOREST, ANDREW MANTON, KURT W. ROELOFFS, JR., PEGGY DASILVA, DANIEL GOLDNER ARCHITECTS, JACK GREEN ASSOCIATES and CORCORAN GROUP MARKETING, Defendants Civil Action NOTICE OF SUBPOENA DUCES TECUM TP Index: G BUILDERS IV LLC., GJF CONSTRUCTION CORP., CON TECH PAINTING INC., STANDARD WATERPROOFING CORP., CPN MECHANICAL INC., ATM MECHANICAL CONTRACTING LLC., CADDEL INC. d/b/a DIRECT FLOORING, CORD FLOORING SYSTEMS LLC., and KILROY METAL PRODUCTS, Third-Party Defendants, CPN MECHANICAL, INC., Second TP Index: /2013 Second Third-Party Plaintiff, COOL SHEETMETAL, INC., COOL SHEET METAL, INC. AND COOL SHEETMETAL, INC. d/b/a COOL SHEET METAL, INC., Second Third-Party Defendants STANDARD WATERPROOFING CORP. Third TP Index: /2013 Third Third-Party Plaintiff, MADISON PARK OWNER LLC. Third-Party Plaintiff FADESA CONSTRUCTION CORP. and XUNTOS CONSTRUCTION CORP. Third Third-Party Defendants

2 PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the following non-party will produce all records in its possession and all other records or documents relating to any and all work and/or services performed by GACE Consulting Engineers at the building located at 15 E. 26th Street, New York, NY, also known as the 15 Madison Square North Condominium, at any time, including, but not limited to, any services rendered in connection with Local Law 11 inspection, investigation or repair at the building, to Marshall Dennehey Warner Coleman & Goggin, 425 Eagle Rock Avenue, Roseland, New Jersey 07068: GALE Consulting Engineers 105 Madison Avenue Floor 6 New York, NY on or before May 18, 2015 at 10:00 o'clock in the forenoon of that day. PLEASE TAKE FURTHER NOTICE, that a copy of the Subpoena Duces Tecum is annexed hereto as Exhibit "A." Date: Roseland, New Jersey Apri121, 2015 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Attorneys for Third-Party Defendg~zt~7'hird Third-Party Plaintif~ Standard Waterpro~ng Corp. 425 Eagle Rock Ave., Suite 302 Roseland, NJ (973) TO: David C. Rose, Esq. Joseph J. Jeziorkowski, Esq. PRYOR CASHMAN LLP Milber Makris Plousadis & Seiden, LLP 7 Times Square 1000 Woodbury Road, Suite 402 New York, NY Woodbury, NY Attorney for Plaints, Attorneys for Jack Green Associates Fifteen Madison Square North Condominium by its Board ofmana~ers Eddy Salcedo, Esq. SEYFARTH SHAW LLP 620 Eighth Avenue New York, NY Attorneys for Defendants Madison Park Owner, LLC,Madison Park Mezzanine LLC, Madison Park Joshua Kopelowitz, Esq. ROSENBERG & ESTIS 733 Third Avenue New York, New York Attorneys for Plaintiff, Rodriguez

3 Holding LLC, Madison 26 LLC, Walter &Samuels, Inc., and G.O. IB-SIV U.S, L. LC. Kenneth Bloom, Esq. Jeremy Kalina, Esq. GARTNER, BLOOM & GREIPER, P.C. TUNSTEAD & SCHECHTER 801 Second Avenue, 15''' Floor New York, 500 North Broadway, Suite 101 New York Jericho, New York Attorneys for Defendants in Rodriguez action, Madison Attorneys for Third-Party Defendant, Park Owner, LLC,Madison Park Mezzanine LLC, Cord Flooring Systems, LLC Madison Park Holding LLC, Madison 26 LLC, Walter & Samuels, Inc., and G.O. IB-SIV U.S, L. LC. Scott Simon, Esq. Robert Fitch, Esq. GOETZ FITZPATRICK LLP RAWLE & HENDERSON LLP One Penn Plaza, Suite Wall Street, 27th Floor New York, New York 0119 New York, NY Attorneys for Third-Party Defendant, Attorneys for Defendant, Kilroy Metal Products Daniel Goldner Architects Michael I. Silverstein, Esq. Daniel Moretti, Esq. WELBY, BRADY & GREENBLATT, LLP LANDMAN CORSI BALLAINE & 11 Maritime Ave. 15`h Floor FORD, P.C. White Plains, New York Broadway, 27~ Floor Attr~rr~eys.fi~r 7hi~ c~-party Defe~7c~ants, New York, New York G Builders IV LLC and GIF Construction Corp. Attorneys for Third-Party Defendants, Caddel Inc. d/b/a Sterling Flooring Matthew B. Stein, Esq. David Pollack, Esq. FAUST, GOETZ, SCHENKER & BLEE LLP LEWIS BRISBOIS BISGAARD SMITH 2 Rector Street 77 Water Street, Ste 2100 New York, New York New York, NY Attorneys for Third-Parry Defendant Attorneys for Defendant, Con Tech Painting Inc. CPNMechanical, Inc. Angela A. Lainhart, Esq. Joseph Boyle, Esq. Nicoletti, Gonson, Spinner, LLP KELLY DRYS &WARREN LLP 555 Fifth Ave., 8`h Floor 101 Park Avenue New York, NY New York, New York Attorneys for Third-Party Defendant Attorneys for Defendant, ATMMechanical Construction Corp. Corcoran Group Marketing Lou Eckert, Esq. LITCHFIELD CAVO LLP 420 Lexington Ave., Suite 2104 New York, NY Attorneys for Defendants in Klein action, Madison Park Owners LLC, Madison Park Mezzanine LLC, Madison Park Holding LLC, Madison 26 LLC, G.O. IB-SIV U.S., L. L.C., RREEF/DB Real Estate Group, Walter &Samuels, Inc., David 1. Bexley, Peter Weiss, Steven C. Forest and Andrew Manton

4 AFFIRMATION OF SERVICE I hereby certify that I caused the within Notice of Subpoena Duces Tecum and Subpoena Duces Tecum to be filed with the clerk of the Supreme Court, County of New York, and served on the following counsel via electronic filing: David C. Rose, Esq. Joseph J. Jeziorkowski, Esq. PRYOR CASHMAN LLP Milber Makris Plousadis & Seiden, LLP 7 Times Square 1000 Woodbury Road, Suite 402 New York, NY Woodbury, NY Attorney for Plaints, Attorneys for Jack Green Associates Fifteen Madison Square North Condominium b its Board o Mana ers Eddy Salcedo, Esq. Joshua Kopelowitz, Esq. SEYFARTH SHAW LLP ROSENBERG & ESTIS 620 Eighth Avenue 733 Third Avenue New York, NY New York, New York Attorneys for Plaintiff, Rodriguez Attorneys for Defendants Madison Park Owner, LLC,Madison Park Mezzanine LLC, Madison Park Holding LLC, Madison 26 LLC, Walter &Samuels, Inc., and G.O. IB-SN U.S., L. LC. Kenneth Bloom, Esq. Jeremy Kalina, Esq. GARTNER, BLOOM & GREIPER, P.C. TUNSTEAD & SCHECHTER 801 Second Avenue, 15`x' Floor New York, 500 North Broadway, Suite 101 New York Jericho, New York Attorneys for Defendants in Rodriguez action, Madison Attorneys for Third-Party Defendant, Park Owner, LLC,Madison Park Mezzanine LLC, Cord Flooring Systems, LLC Madison Park Holding LLC, Madison 26 LLC, Walter & Samuels, Inc., and G.O. IB-SIV U.S., L. LC. Scott Simon, Esq. Robert Fitch, Esq. GOETZ FITZPATRICK LLP RAWLE & HENDERSON LLP One Penn Plaza, Suite Wall Street, 27th Floor New York, New York 0119 New York, NY Attorneys for Third-Party Defendant, Attorneys for Defendant, Kilroy Metal Products Daniel Goldner Architects Michael I. Silverstein, Esq. Daniel Moretti, Esq. WELBY, BRADY & GREENBLATT, LLP LANDMAN CORSI BALLAINE & 11 Maritime Ave. 15`" Floor FORD, P.C. White Plains, New York Broadway, 27~ Floor Attorneys fnr Third-Party Dcfenc~ants, New York, New York G Builders IV LLC and GIF Construction Corp. Attorneys for Third-Party Defendants, Caddel Inc. d/b/a Sterling Flooring

5 Matthew B. Stein, Esq. FAUST, GOETZ, SCHENKER & BLEE LLP 2 Rector Street New York, New York Attorneys for Third-Party Defendant CPN Mechanical, Inc. David Pollack, Esq. LEWIS BRISBOIS BISGAARD SMITH 77 Water Street, Ste 2100 New York, NY Attorneys for Defendant, Con Tech Painting Inc. Angela'A. Lainhart, Esq. Joseph Boyle, Esq. Nicoletti, Gonson, Spinner, LLP KELLY DRYS &WARREN LLP 555 Fifth Ave., 8`"Floor 101 Park Avenue New York, NY New York, New York Attorneys for Third-Party Defendant Attorneys for Defendant, ATMMechanical Construction Corp. Corcoran Group Marketing Lou Eckert, Esq. LITCHFIELD CAVO LLP 420 Lexington Ave., Suite 2104 New York, NY ] Attorneys for Defendants in Klein action, Madison Park Owners LLC, Madison Park Mezzanine LLC, Madison Park Holding LLC, Madison 26 LLC, G.O. IB-SIV U.S., L. L.C., RREEF/DB Real Estate Group, Walter &Samuels, Inc., David I. Bexley, Peter Weiss, Steven C. Forest and Andrew Manton I declare under penalty of perjury that the foregoing is true and Dated: Apri121, 2015 J. ANTONOFF

6 EXHIBIT A

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE BOARD OF MANAGERS OF FIFTEEN MADISON INDEX NO.: /2011 SQUARE NORTH CONDOMINIUM Plaintiff MADISON PARK OWNERS LLC., MEZZANINE LLC., MADISON PARK HOLDING LLC., MADISON 26 LLC., G.O. IB-SIV U.S., LLC., WALTER SAMUELS, INC., DAVID VERLEY, PETER WEISS, STEVEN C. FOREST, ANDREW MANTON, KURT W. ROELOFFS, JR., PEGGY DASILVA, DANIEL GOLDNER ARCHITECTS, JACK GREEN ASSOCIATES and CORCORAN GROUP MARKETING, Defendants Civil Action SUBPOENA DUCES TECUM TP Index: G BUILDERS IV LLC., GJF CONSTRUCTION CORP., CON TECH PAINTING INC., STANDARD WATERPROOFING CORP., CPN MECHANICAL INC., ATM MECHANICAL CONTRACTING LLC., CADDEL INC. d/b/a DIRECT FLOORING, CORD FLOORING SYSTEMS LLC., and KILROY METAL PRODUCTS, Third-Party Defendants, CPN MECHANICAL, INC., Second TP Index: /2013 Second Third-Party Plaintiff, COOL SHEETMETAL, INC., COOL SHEET METAL, INC. AND COOL SHEETMETAL, INC. d/b/a COOL SHEET METAL, INC., Second Third-Party Defendants STANDARD WATERPROOFING CORP. Third TP Index: /2013 Third Third-Party Plaintiff, MADISON PARK OWNER LLC. Third-Party Plaintiff FADESA CONSTRUCTION CORP. and XUNTOS CONSTRUCTION CORP. Third Third-Party Defendants

8 t ~ ~ ~ TO: GACE Consulting Engineers 105 Madison Avenue Floor 6 New York, NY WE HEREBY COMMAND YOU, that all business and excuses being laid aside, to appear at the offices of Marshall Dennehey Warner Coleman & Goggin, 425 Eagle Rock Avenue, Roseland, New Jersey 07068, on Monday, May 18, 2015, at 10:00 a.m., on behalf of third-party defendant, Standard Waterproofing Corp., in regard to the above entitled action, and that you have and bring with you and produce at the same time and place the following requested documents: DEFINITIONS 1. "You" and "Yours" shall mean GALE Consulting Engineers ("GAGE"), or anyone acting on behalf of and/or with the acquiescence of GAGE, its agents and/or representatives, etc. 2. "Document" shall be interpreted in the broad and liberal sense and shall mean written, typed, printed, recorded, graphic or photographic materials, however produced or reproduced, of any kind and description, and whether an original, master, duplicate or copy, including, but not limited to, papers, notes, accounts, books, journals, diaries, cablegrams, mailgrams, telegrams, ~ memoranda, letters, documents, communications, including inter-office and intra-office communications, reports, studies, analyses, results of laboratory tests, pamphlets, calculations, projections, contracts, charts, graphs, plans, specifications, drawings, sketches, surveys, agreements, working papers, corporate records, minutes of board of directors or committee ~ meetings, books of accounts, ledger books, note books, vouchers, bank checks, cashier's checks, ~ receipts for cashier's checks, canceled checks, check sheets, desk calendars, appointment books, log books, diaries, diary transcripts or sound recordings of any conversations, negotiations, meetings or conferences conducted either in person or by telephone, or physical things ~ information, including data compilations from which information can be obtained by detection devices and translated if necessary by the respondent into reasonably usable form, and including

9 preliminary drafts of or marginal notes appearing on any documents, however denominated or described by the parties with regard to whom the particular request is directed. 3. The document "relates to" a particular fact, matter or event when it proves or disproves, or tend to prove or disprove, that fact, matter, or event or contains information concerning, explaining, or providing a background for understanding that fact, matter or event, or is evidence of or a result of that fact, matter, or event, or could lead to additional relevant information concerning, explaining, or providing a background for understanding that fact, matter or event, or was produced, altered or signed as a part of or as a result of that fact, matter or event. 4. As used herein "communication" means any non-documentary transmission of information and shall include, but not be limited to, oral statements, telephone conversations, negotiations, conferences or meetings, however formal or informal. 5. As used herein "person" means all individuals and entities including, but not limited to, natural persons, sole proprietorships, firms, associations, companies, partnerships, joint ventures, corporations, trusts and estates - governmental agencies and legal or investment advisors. 6. As used herein "project" means any and all work and/or services performed by GACE at the building located at 15 E. 26th Street, New York, NY, also known as the 15 Madison Square North Condominium, at any time, including, but not limited to, any services rendered in connection with Local Law 11 inspection, investigation or repair at the building. REQUESTS 1. All records and reports produced by you or on your behalf relating to the project. 2. All of your internal memoranda and any other internal correspondence relating to the project. 3. All documents of any kind exchanged between you and any other person or entity relating to the project.

10 4. All project correspondence. 5. All documents and contracts which relate to your work and/or services on the project. 6. All project documents in your possession, including but not limited to, requests for information, change orders, correspondence, applications for payment and invoices relating to the project or the project location. 7. Any and all daily job reports and meeting minutes relating to daily job meetings for the project or the project location. 8. Any and all project documents in your possession referring to or related to any work performed by Colgate Restoration Corp. in connection with the project. 9. Any and all documents not specifically requested above in any way related to the project. PLEASE TAKE NOTICE that any failure to comply with this subpoena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. PLEASE TAKE FURTHER NOTICE that the subpoenaed evidence shall not be produced or released until the date specified, and if the deponent is notified that a motion to quash the subpoena has been filed, the deponent shall not produce or release the subpoenaed evidence until ordered to do so by the court or the release is consented to by all parties to the action.

11 PLEASE TAKE FURTHER NOTICE that instead of appearing at Marshall Dennehey Warner Coleman & Goggin, you may produce the requested information directly to Marshall Dennehey Warner Coleman & Goggin, 425 Eagle Rock Avenue, Roseland, New Jersey by Mav 18, Dated: Apri121, 2015 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Third-Party~Defendant/third Third-Party Defendant, Standard'T%Vaterproofing Corp. By: ~f '. `~~ IAN J. ANTONOFF 425 Eagle Rock Avenue, Suite 302 Roseland, NJ (973)