FILED: NEW YORK COUNTY CLERK 05/20/ :40 AM INDEX NO /2016 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/20/2016

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1 FILED NEW YORK COUNTY CLERK 05/20/ AM INDEX NO /2016 NYSCEF DOC. NO. 6 RECEIVED NYSCEF 05/20/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, Plaintiff, INDEX NO /16 (ECF) -against- 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. NOTICE OF APPEARANCE, ANSWER, COMBINED DEMANDS AND NOTICE OF DEPOSITION UPON ORAL EXAMINATION BEFORE TRIAL C O U N S E L O R S PLEASE TAKE NOTICE that the above-named defendants, 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC., (hereinafter, defendants and/or answering defendants), hereby appear in this action and that the undersigned has been retained as attorneys for said defendants and demands that you serve all papers in this proceeding upon them at the address stated below PLEASE TAKE FURTHER NOTICE that said Defendants hereby interpose the following answer to the verified complaint 1. Deny the allegations contained in paragraphs numbered 10, 11 and Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraphs numbered 4, 5, 6, 7, 8, 9, 13 and Admit the allegations contained in paragraphs numbered 1, 2 and 3. AS AND FOR THE FIRST CAUSE OF ACTION 4. As and for their response to paragraph numbered 15, the answering defendants repeat, reiterate and reallege each and every denial and admission contained in paragraphs numbered 1 through 14 as if fully set forth at length herein. 1 of 24

2 5. Deny the allegation contained in paragraph numbered Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraphs numbered 16, 17 and 19. AS AND FOR THE SECOND CAUSE OF ACTION 7. As and for their response to paragraph numbered 20, the answering defendants repeat, reiterate and reallege each and every denial and admission contained in paragraphs numbered 1 through 19 as if fully set forth at length herein. 8. Deny the allegations contained in paragraphs numbered 21, 22, 23 and 24. AS AND FOR THE THIRD CAUSE OF ACTION 9. As and for their response to paragraph numbered 25, the answering defendants repeat, reiterate and reallege each and every denial and admission contained in paragraphs numbered 1 through 24 as if fully set forth at length herein. 10. Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraphs numbered 26, 27, 28 and 29. AS AND FOR THE FOURTH CAUSE OF ACTION 11. As and for their response to paragraph numbered 30, the answering defendants repeat, reiterate and reallege each and every denial and admission contained in paragraphs numbered 1 through 29 as if fully set forth at length herein. 12. Deny the allegations contained in paragraphs numbered 31, 32, 33, 34, 35, 36, 37 and 38. AS AND FOR THE FIFTH CAUSE OF ACTION 13. As and for their response to paragraph numbered 37, the answering defendants repeat, reiterate and reallege each and every denial and admission contained in paragraphs numbered 1 through 39 as if fully set forth at length herein of 24

3 14. Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraphs numbered 40, 41, 42, 43, 44, 45, 46 and Deny the allegations contained in paragraph numbered 48 and refers all rule of law to the trial court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE That if the plaintiff sustained any personal injuries or damages, such injuries or damages were caused by her own negligence, wholly or partially, and without any negligence on the part of the answering defendants. AS AND FOR A SECOND AFFIRMATIVE DEFENSE The answering defendants reserve their right to claim the limitations of liability pursuant to the terms of Article 16 of the CPLR. AS AND FOR A THIRD AFFIRMATIVE DEFENSE The plaintiff invited and welcomed the alleged assailant into the answering defendants building and said defendants can have no liability therefore. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE While the answering defendants deny the plaintiff s allegations of negligence and liability, any injury and damages, if proven, were the result of intervening and/or interceding acts of superseding negligence and liability on the part of parties over which the answering defendants neither have control nor had the right to control, and for which acts or omissions the answering defendants are not legally responsible -3-3 of 24

4 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE In the event the plaintiff recover a verdict or judgment against the answering defendants, then the verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify plaintiff, in whole or in part, for any past or future claimed economic loss, from any collateral source such as Insurance, Social Security, Workers' Compensation or employee benefit programs. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE The provisions of C.P.L.R. Article 50-B apply to this action. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the complaint. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE The answering defendants did not have actual or constructive notice of any reasonably similar security issues in the building. AS AND FOR A CROSS-CLAIM OVER AND AGAINST THE DEFENDANTS, 493 REST. INC. d/b/a MERCURY BAR EAST, PRECINCT SECURITY AND INVESTIGATIONS INC. AND ROXANNE WOYCHOWSKI, THE ANSWERING DEFENDANTS, 300 EAST 57 STREET, LLC AND RUDIN MANAGEMENT CO. INC., ALLEGE UPON INFORMATION AND BELIEF Without admitting or being deemed to admit any of the allegations contained in the complaint and while expressly disclaiming any liability therefore, if the plaintiff sustained the injuries and damages in the manner, time and place alleged, and if it is found that these answering defendants are liable to the plaintiff herein, then said damages were sustained by reason of the sole, active and primary negligence, carelessness, recklessness and violations of labor law by the codefendants, 493 REST. INC. d/b/a MERCURY BAR EAST, PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, and the -4-4 of 24

5 answering defendants are entitled to complete indemnification from any judgment or damages from said codefendants, 493 REST. INC. d/b/a MERCURY BAR EAST, PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, as well as partial indemnification or contribution from said codefendants, for any liability to the plaintiff in excess of the answering defendants proportionate share of active negligence. WHEREFORE, the answering defendants, demand judgment dismissing the complaint against them together with costs and disbursements of this action and attorney fees. Dated New York, New York. May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY By /s/ Scott W. Bermack SCOTT W. BERMACK Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) TO (via ECF) TRAVERS LAW GROUP, LLC Attorneys for Plaintiff 11 Broadway, Suite 615 New York, New York (646) NIALL MACGIOLLABHUI, ESQ. 260 Madison Avenue, 21 st Floor New York, New York (212) TO (by mail) 493 REST. INC. d/b/a MERCURY BAR EAST 493 Third Avenue New York, NY PRECINCT SECURITY AND INVESTIGATIONS INC. 78 Spruce Avenue Bethpage, NY ROXANNE WOYCHOWSKI st Street, Apt. 3B Sunnyside, NY of 24

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, Plaintiff, INDEX NO /16 (ECF) -against- 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. CERTIFICATION PLEASE TAKE NOTICE, that the following papers, which are being served concurrently, are hereby certified pursuant to the rules of the Court Demand for Verified Bill of Particulars Demand for Total Damages Notice for Expert Information Notice to Take Deposition Upon Oral Examination Demand for Disclosure of Medicaid/Medicare and Social Security Collateral Source Benefits Eligibility Demand Pursuant to CPLR 4545 Notice for Discovery & Inspection Demand for Information Dated New York, New York May 20, 2016 Scott W. Bermack Scott W. Bermack -6-6 of 24

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, -against- Plaintiff, 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. INDEX NO /16 (ECF) DEMAND FOR A BILL OF PARTICULARS PLEASE TAKE NOTICE, that pursuant to Sections 3041, 3042, 3043 and 3044 of the CPLR, the above-named defendants, 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC., hereby demands that the plaintiff(s) file with the Clerk of this Court within twenty (20) days, and serve upon the defendant(s)' attorneys within twenty (20) days, a Verified Bill of Particulars showing in detail 1. The approximate time of day that the alleged incident occurred, giving the day, month, year and approximate hour thereof. 2. State how it is claimed the incident occurred. 3. State where the incident occurred and if within the interior of the premises, set forth the area, room, or other section where necessary, to accurately locate the place of occurrence. 4. State with respect to the defendant(s) represented by the undersigned the acts and omissions which constituted the negligence of the defendant(s) which the plaintiff(s) claims caused the actual occurrence. 5. If actual notice of a prior security issue in the building is claimed, a statement of when and to whom same was given, stating names and dates of 24

8 6. If it is alleged that defendant(s), its agents, servants and/or employee(s) caused or created the situation, state the name(s) of the person(s) who caused or created the situation and the date when the condition was caused or created. 7. If constructive notice is claimed, for how long a time did the condition exist before the accident (in minutes, hours, days, weeks, etc., as closely as plaintiff(s) can indicate). 8. State the names and addresses of all witnesses to the occurrence, including notice witnesses. 9. Specify with respect to the person who allegedly sustained personal injuries or for whom a claim is being made for conscious pain and suffering a) the nature of each and every injury sustained, giving the exact location on and/or in the body, the duration, and the extent of each said injury; b) which of the injuries allegedly sustained are claimed to be permanent; c) the length of time plaintiff was confined by reason of the occurrence to bed and home; d) the total amounts claimed as special damages for plaintiff for (i) physicians' services stating separately the amount of each doctors' bill; (ii) hospital expenses; (iii) x-rays; (iv) nurses' services; (v) chiropractors (vi) physiotherapy; (vii) drugs and medication; (viii) medical supplies; and (ix) any other medical treatment (specify). 10. State the name of each and every hospital, clinic or institution where any treatment or examination was rendered to plaintiff and length of time, if any, confined there. If not confined to any hospital, etc., so state. 11. If it is claimed that the plaintiff was treated by a physician other than one at the hospital and/or clinic, give the name of said physician and his address. Accurately state the -8-8 of 24

9 number and dates of visits it is claimed the plaintiff made to each of the physicians, if any, specified above. 12. If a claim is being made for lost earnings or time missed from the plaintiff's usual vocation a) state the name and address of the plaintiff's employer; b) state the nature of the plaintiff's employment; c) state the nature and/or type of work customarily performed by the plaintiff(s); d) if self-employed, state nature of self-employment and business address; e) state the length of time incapacitated from employment; f) state total amount(s) claimed as loss of earnings, including detailed statement as to how such lost earnings were computed; g) if the plaintiff is a student, give the name and address of the school attended, at or about the time of the accident, and accurately state the length of time incapacitated from attending said school. 13. Itemize all other special damages allegedly incurred by the plaintiff(s) as a result of this occurrence. 14. State the particular provisions of the rules, regulations, statutes and ordinances of the State of New York with the title, article and section numbers thereof which it is claimed the defendant(s) violated. 15. State the residence address, the date of birth and social security number of the plaintiff. PLEASE TAKE FURTHER NOTICE, that in the case of your failure to serve said Bill of Particulars as demanded, the answering defendant(s) will move for an Order precluding the plaintiff(s) from giving any evidence at the trial of this action concerning the matter contained in said items of 24

10 PLEASE TAKE FURTHER NOTICE, that the above demands 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 May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY By Scott W. Bermack SCOTT W. BERMACK Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) TO See affidavit of service of 24

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, Plaintiff, INDEX NO /16 (ECF) -against- 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. DEMAND FOR TOTAL DAMAGES Defendants, 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC., requests a supplemental demand setting forth the total damages to which the plaintiff deems herself to be entitled. Dated New York, New York May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) TO See affidavit of service of 24

12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, -against- Plaintiff, 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. INDEX NO /16 (ECF) NOTICE FOR EXPERT INFORMATION PLEASE TAKE NOTICE, that pursuant to the provisions of CPLR 3101(d) you are hereby required to submit to the undersigned on or before June 10, 2016, the following 1. State the name and address of each person you expect to call to give expert testimony at the trial of this action; 2. Disclose in reasonable detail the qualifications of each expert witness whom you expect to call as an expert witness at trial; 3. Disclose in reasonable detail the subject matter on which each expert is expected to testify; 4. Disclose in reasonable detail the substances of the facts and opinions on which each expert is expected to testify; 5. Disclose in reasonable detail a summary of the grounds for each expert's opinion. PLEASE TAKE FURTHER NOTICE that this is a continuing demand intended to cover experts now and experts who in the future are expected to testify; and in addition, is intended to cover any change, addition or deletion of the expert's qualifications, knowledge of facts or opinions of 24

13 Dated New York, New York May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) TO See affidavit of service of 24

14 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, -against- Plaintiff, 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. INDEX NO /16 (ECF) NOTICE OF DEPOSITION UPON ORAL EXAMINATION BEFORE TRIAL PLEASE TAKE NOTICE, that the Examinations Before Trial of the plaintiff, ZOE DENISON, will be taken by the defendants, 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC., pursuant to CPLR Article 31 at Time and Date Place August 22, 2016 at 1000 a.m., ROPERS MAJESKI KOHN & BENTLEY, P.C. 750 Third Avenue, 25th Floor New York, New York (or at a mutually agreed upon location) PLEASE TAKE FURTHER NOTICE, that each party then and there to be examined is required, pursuant to CPLR 3111, to produce all books, papers and other things in the possession, custody or control of such party to be marked as exhibits, and used on the examination. Dated New York, New York May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY TO See affidavit of service By Scott W. Bermack SCOTT W. BERMACK Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) of 24

15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, Plaintiff, INDEX NO /16 (ECF) -against- 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. DEMAND FOR DISCLOSURE OF MEDICAID/MEDICARE AND SOCIAL SECURITY COLLATERAL SOURCE BENEFITS ELIGIBILITY PLEASE TAKE NOTICE, that demand is hereby made that plaintiff(s) provide the following information pursuant to 42 U.S.C. 1395y(b)(8)(A) 1. Have plaintiff(s) been the recipients of Medicare benefits? 2. Have plaintiff(s) currently been the recipients of Medicare benefits? 3. If plaintiff(s) have or are currently receiving Medicare benefits, please provide the following a. State the full name under which plaintiff was/is receiving Medicare benefits; b. State plaintiff(s)' full address, including city, state and zip code; c. Plaintiff(s)' telephone number; d. Plaintiff(s)' address; e. Plaintiff(s)' date of birth; f. Plaintiff(s)' social security number; and g. Plaintiff(s)' Medicare beneficiary number (HICN). 4. If plaintiff(s) have not received Medicare benefits in the past or is not receiving Medicare benefits now, state whether plaintiff(s) is eligible to receive Medicare benefits of 24

16 5. If plaintiff(s) have been receiving Medicare benefits and is now deceased, please provide the following a. Relationship of the administrator of plaintiff(s)' estate to plaintiff(s)' decedent; b. Name and address of plaintiff(s)' administrator; c. Telephone number and/or address of plaintiff(s)' administrator; and d. Social Security Number of plaintiff(s)' administrator. PLEASE TAKE FURTHER NOTICE, that failure to comply with this Demand for Disclosure of Medicare Benefits/Eligibility may result in the necessity of a Motion to Compel Discovery accompanied by a request for the appropriate costs. Dated New York, New York May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) TO See affidavit of service of 24

17 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, Plaintiff, INDEX NO /16 (ECF) -against- 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. DEMAND PURSUANT TO CPLR 4545 PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the plaintiff(s) that they serve upon the undersigned a statement as to whether any part of the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source, including but not limited to insurance, social security (except those benefits provided under Title 18 of the Social Security Act), Worker's Compensation, or employee benefit programs, and, if so, the full name and address of each organization or program providing such replacement or indemnification together with an itemized statement of the amount in which each such claimed item of economic loss was replaced or indemnified by each such organization or program. Demand is additionally made for duly executed and properly addressed original authorizations permitting the undersigned to inspect and copy any records reflecting any collateral source or payment identified in response to the foregoing demand. PLEASE TAKE FURTHER NOTICE that your failure to comply with the foregoing within (20) days will serve as the basis of a motion for the appropriate relief pursuant to the CPLR of 24

18 Dated New York, New York May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) TO See affidavit of service of 24

19 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, Plaintiff, INDEX NO /16 (ECF) -against- 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. NOTICE FOR DISCOVERY AND INSPECTION PLEASE TAKE NOTICE, that pursuant to CPLR 3101(a) and 3120(a), and the cases of Zellman v. Metropolitan Transportation Authority, 40 A.D.2d 248, 339 N.Y.S.2d, and Zayas v. Morales, 45 A.D.2d 610, 360 N.Y.S.2d 279, and the demands of the defendants, 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC., you are requested to produce and permit discovery by said defendant, their attorneys or another acting on their behalf of the following Names and addresses of all persons claimed by parties you represent herein to have either witnessed the occurrence or to have firsthand knowledge of same, or to have notice of the condition(s) proximately causing this occurrence, or having firsthand knowledge of facts and circumstances regarding this occurrence whether by the parties you represent at the scene of the occurrence or thereafter obtained by their attorneys or representatives. If no such persons are known to said parties or their representatives, so state in reply to this demand. The defendant(s) will object at time of trial of this action to the testimony of any person not so identified of 24

20 PLEASE TAKE FURTHER NOTICE, that if the parties you represent, or their representatives, obtain names and addresses of persons who witnessed the occurrence or have firsthand knowledge of same, subsequent to the service of this notice, such information is to be furnished to the defendant whenever so obtained. The defendant will object at the time of trial of this action to the testimony of any person not so identified. PLEASE TAKE FURTHER NOTICE that on June 10, 2016 at 1000 a.m. at the offices of the undersigned, or a written communication enclosing the afore-requested information may be sent prior to the above-mentioned time in lieu of a personal appearance on that date. Dated New York, New York May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) TO See affidavit of service of 24

21 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZOE DENISON, Plaintiff, INDEX NO /16 (ECF) -against- 300 EAST 57 STREET, LLC, RUDIN MANAGEMENT CO. INC., 493 REST. INC. (d/b/a MERCURY BAR EAST ), PRECINCT SECURITY AND INVESTIGATIONS INC. and ROXANNE WOYCHOWSKI, Defendants. DEMAND FOR INFORMATION PLEASE TAKE NOTICE that you are hereby required to serve upon and deliver to the undersigned the following 1. Pursuant to Rule 2103(e) of the CPLR, a list of those attorneys who have appeared in this action, together with their addresses and the name of the party for whom such attorney has appeared. 2. Pursuant to Section 3101(e) CPLR, a copy of any written statement and the substance of any non-written statement made by or on behalf of any answering defendant(s) serving this notice. 3. If the party you represent spoke or otherwise made contact with the answering defendant(s), its agent, employee or representative, then identify a) the names, addresses and telephone numbers of all such persons; b) the dates on which such contact(s) was made; c) the place(s) where such contact(s) was made; d) The time(s) when such contact occurred; e) the substance of all statements made by or on behalf of the answering defendant(s); of 24

22 f) If the parties you represent or their agent, obtained any recording(s) of such conversation(s) or contact(s) whether they be audio, video or in any other form, provide copies of all such recorded statements; g) identify the person(s) who made contact with the answering defendant(s), its agent, or employee on behalf of the party you represent providing their name(s), address(es) and telephone number(s) where they may be located. 4. Copies of the medical reports of those physicians who have previously treated or examined the party seeking recovery, and who will testify on their behalf. They shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-ray and technicians' reports which will be offered at the trial. 5. Duly executed and acknowledged written authorizations permitting all parties to obtain and make copies of all hospital records, and such other records including x-ray and technicians' reports as may be referred to and identified in the statement of the examined party's physicians. 6. Identify all persons who have knowledge of the facts and circumstances of the occurrence or claim that plaintiff(s) may rely upon at the time of trial, whether such persons have firsthand knowledge or if they obtained such knowledge after the claim or occurrence and on whom the party you represent will rely at the time of trial to support you claim or defense in whole or part. 7. All authorizations are to be in compliance with HIPAA rule ( ) (Health Insurance Portability and Accountability Act of 1996). All authorizations should include all dates of service plaintiff was seen at each facility. 8. The answering defendant(s) demands a copy of all photographs and video in plaintiff(s) possession pertaining to any aspect of any cause of action in the complaint. This is a continuing demand of 24

23 9. Pursuant to the Mandatory Insurer Reporting Law (section 111 of Public Law ), you are required to provide the following information if you are pursuing a claim for bodily injury, medical payments, workers compensation or no-fault benefits - First and Last name - Gender - Date of Birth - Social Security Number and - Medicare Health Insurance Claim Number (if you have one). Dated New York, New York May 20, 2016 ROPERS, MAJESKI, KOHN & BENTLEY Attorneys for Defendants 300 EAST 57 STREET, LLC and RUDIN MANAGEMENT CO. INC. 750 Third Avenue, 25 th Floor New York, New York (212) TO See affidavit of service of 24

24 STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) AFFIDAVIT OF SERVICE E. Ryan Goodman, being duly sworn, deposes and says that I am not a party to the action, am over 18 years of age and reside in the State of New York within the County of Nassau. On the 20th day of May, 2016, I served a true copy of the annexed NOTICE OF APPEARANCE, ANSWER, COMBINED DEMANDS, DEMAND FOR A VERIFIED BILL OF PARTICULARS AND NOTICE OF ORAL EXAMINATION BEFORE TRIAL by filing same via the New York State Court s E-filing system (NYSECF) and by depositing same enclosed in a properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Office within the State of New York to the following addresses as described hereto TO (via ECF) TRAVERS LAW GROUP, LLC Attorneys for Plaintiff 11 Broadway, Suite 615 New York, New York (646) NIALL MACGIOLLABHUI, ESQ. 260 Madison Avenue, 21 st Floor New York, New York (212) TO (by mail) 493 REST. INC. d/b/a MERCURY BAR EAST 493 Third Avenue New York, NY PRECINCT SECURITY AND INVESTIGATIONS INC. 78 Spruce Avenue Bethpage, NY ROXANNE WOYCHOWSKI st Street, Apt. 3B Sunnyside, NY E. Ryan Goodman E. RYAN GOODMAN Sworn to before me this 20th day of May, Scott W. Bermack Notary Public No. 02BE Expires January 4, of 24