FILED: NEW YORK COUNTY CLERK 02/01/ :08 PM INDEX NO /2015 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 02/01/2018

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2 A ra Mal~ 0 1~ ~'~ J 'Vaska a'v 'vs% 4 a ~H ~k4a\ab a1a% V V VANVAVVAOAMAA'i v P «V «M V A ~ NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/09/2015 SUPREME COURI' COURT COUNTY OF NEW YORK _ _. ---X WILIAN CALVA, OF THE STATE OF NEW YORK X -against- Plaintiff, VERIFIED ANSWER AND DEMANDS ND STREET LLC AND SPINDLE L&C CORPORATION, Index No / X Defendants. The defendant, ND STREET LLC, by their attorneys, McGaw, Alventosa & Zajac as and for an answer to the complaint of the plaintiff herein, respectfully allege(s) upon information and belief: FIRST: Admit(s) paragraph(s) 5 of the party complaint. SECOND: Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 7 of the complaint. THIRD: Denies paragraph(s) 3, 4 and 6 of the complaint. FOURTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 1, 2, 8, 9, 10 and 11 of the complaint and respectfully refers all questions of law to the court. Ol" AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION FIF TH: Repeats the admissions and denials to the paragraph(s) of the complaint repeated and realleged in paragraph(s) designated as 12 of the complaint. SIXTH: Admits paragraph(s) 21, 22 and 23 of the complaint. SBVBNTH: SEVENTH: Denies Rnowledge knowledge or information. sufhcient sufficient to form a belief as to the

3 allegations contained in paragraph(s) 16 and 25 of the complaint. EIGHTH: Denies paragraph(s) 15, 17, 26 and 32 of the complaint. NINTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 13 and 14 of the complaint and respectfully refers all questions of law to the court. TENTH: Denies paragraph(s) 18, 19, 20, 24, 27, 28, 29, 30, 31 and 33 of the complaint and respectfully refers all questions of law to the court. OIi' AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION ELEVENTH: Repeats the admissions and denials to the paragraph(s) of the complaint repeated and realleged in paragraph(s) 34 of the complaint. TWELFTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 35, 36 and 37 of the complaint. THIRTBENTH: Denies paragraph(s) 52 of the complaint. FOURTBENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 40, 41, 42, 44 and 45 of the complaint and respectfully refers ali questions oflaw to the court. FIFTEENTH: Denies paragraph(s) 46, 47, 48, 49, 50, 51 and 53 of the complaint and respectfully refers all questions oflaw to the court. S1XTEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 38 of the complaint but admits that prior to February 15, 2015, 156 B 62ND STREET LLC retained SPINDLE L&C CORPORATION to provide construction management services for the premises at 156 E. 62"d Street, New York, New York. SEVBNTBENTH: Denies knowledge or information sufficient to form a belief as to

4 the allegations contained in paragraph(s) 39 of the complaint but admits that prior to Febmary 15, 2015, N0 STREBT LLC retained SPINDLE L&C CORPORATION to provide construction management services for the premises at 156 E. 62"' Street, New York, New York. EIGHTEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 43 of the complaint but admits that prior to February 15, 2015, ND STRBET LLC retained AARCO pursuant to a written contract. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION NINETEENTH: Repeats the admissions and denials to the paragraph(s) of the complaint repeated and realleged in paragraph(s) 54 of the complaint. TWENTIETH: Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 55 and 58 of the complaint and respectfully refers all questions oflaw to the court. TWENTY-FIRST: Denies paragraph(s) 56, 57, 59, 60 and 61 of the complaint and respectfully refers all questions of law to the court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE That the injuries and damages to the plaintiff were caused in whole or in part or were contributed to by the culpable conduct and want of care on the part of the plaintiff and any such alleged damages should be fully or partially diminished by said culpable conduct and want of care pursuant to CPLRArticle 14-A. AS AND FORA SECOND AFFIRMATIVE DEFENSE That if such a condition existed there as alleged, then such condition was open, obvious, and apparent and the plaintiff assumed the risk thereof.

5 AS AND FOR A THIRD AFFIRMATIVE DEFENSE That the plaintiff received remuneration and/or compensation for some or all of his claimed economic loss and that the defendant is entitled to have plaintifps award, if any, reduced by the amount of that remuneration and/or compensation, pursuant to Section 4545(c) of the Civil Practice Law and Rules. AS AND FORA FOURTH AFFIRMATIV E DEFENSE That the liability of the defendant, ND STREET LLC, if any, does not exceed fifty percent (50%) of the liability assigned to all persons and that the liability of the defendant, 156 E 62ND STREET LLC, if any, for non-economic loss is limited pursuant to Article 16 of the CPLR. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE That the plaintiff failed to mitigate plaintiffs damages. AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AND/OR INDEMNIFICATION AGAINST THE CO- DEFENDANT, SPINDLE L&C CORPORATION. THE DEFENDANT, 156 E 62ND STREET LLC, ALLEGES: T hat any Injuries and damages sustained by the plaintiff herein as a result of the alleged incident described in the plaintiffs Complaint were sustained in whole or in part by reason of the negligence or other breach of duty on the part of the co-defendant, SP.1NDLE L&C CORPORATION.. That if it is determined that the defendant, 156 E 62ND STREET LLC, is liable in any degree to the plaintiff, whether because of negligence, by operation of law or any other reason, the defendant, ND STREET LLC, is entitled to have the liability apportioned among and between the defendants by way of contribution and/or is entitled to be indemnified by one or more of sam co-defendants.

6 AS AND FORA CROSS-CLAIM FOR INDEMNIFICATION AGAINST THE CO-DEFENDANT, SPINDLE L&C CORPORATION. THE DEFENDANT. 156 E 62ND STREET LLC, ALLEGES: That on or before February 5, 2015, the defendant, 156 E 62ND STREET LLC, entered into an agreement with co-defendant, SPINDLE L&C CORPORATION, whereby said codefendant agreed to indemnify and hold defendant harmless in the event any suit or claim for personal injuries, property damage and/or wrongful death was made as a result of the work being done pursuant to said agreement. That said agreement was in full force and effect on February 5, That the claims being made by the plaintiff herein, if true, will entitle the defendant, 156 E 62ND STREET LLC, to be indemnified and held harmless as aforesaid. AS AND FORA CROSS-CLAIM FOR INDEMNIFICATION AGAINST THE CO-DEFENDANT.SPINDLE L&C CORPORATION, THE DEFENDANT, 156 E 62ND STREET LLC.ALLEGES: That on or before February 5, 2015, the defendant, ND STREET LLC, entered into an agreement with the codefendant, SPINDLE L&C CORPORATION, whereby said codefendant agreed to purchase insurance providing coverage for the defendant, ND STREBT LLC, for part or all of the loss or injury claimed by the plaintiff herein. That said agreement was in full force and effect on February 5, That the co-defendant failed to provide such insurance as required by the said agreement. That, therefore, the co-defendant is liable to the defendant, 156 E 62ND STREET LLC, to the extent of any such insurance coverage which should have been purchased to protect the defendant, 156 E 62ND STREET LLC, in the event that any recovery is had against the answering defendant.

7 AS AND FOR A CROSS-CLAIM FOR INDEMNIFICATION FORBREACH OFINSURANCE PROCUREMENT PROVISION AGAINST THE CO-DEFENDANT, SPINDLE L&C CORPORATION, THE DEFENDANT, 156 E 62ND STREET LLC. ALLEGES: That on or before February 5, 2015, the defendant, 156 E 62ND STREET LLC, entered into an agreement with the co-defendant, SPINDLE L&C CORPORATION whereby said codefendant agreed to purchase and maintain insurance providing coverage for the defendant, 156 E 62ND STREBT LLC, for part or all of the loss or injury claimed by the plaintiff herein. That said agreement was in full force and effect on and before February 5, That the co-defendant failed to provide and maintain such insurance as required by the said agreement, That, therefore, the co-defendant is liable to the defendant, 156 E 62ND STREET LLC, to the extent of any such insurance coverage which should have been purchased and maintained to protect the defendant, 156 E 62ND STREET LLC, in the event that any recovery is had against the answering defendant. WHEREFORE, the defendant, 156 E 62ND STREET LLC, demands judgment dismissing the Complaint of the plaintiff herein with costs and further demands judgment pursuant to Section 3019b and Article 14 of the CPLR, that the ultimate rights of the defendant, 156 E 62ND STREET LLC, and the co-defendant, SPINDLE L&C CORPORATION, be determined as between themselves in that the defendant, ND STREET LLC, have judgment over and against the co-defendant, SPINDLE L&C CORPORATION, for indemnification and/or contribution in whole or in part, for the amount of any sum which may be recovered herein against the defendant, 156 E 62ND STREET LLC, together with attorneys' fees and the costs and disbursements of this action.

8 Dated: Jericho, New York June 9, 2015 Yours, etc., McGAW, ALVENTOSA & ZAJAC Attorneys for Defendant 156 E 62ND STREET LLC sy: ii.. Michael J. Rofeto /' /!! <.' Two Jericho Plaza, Suite 202 Jericho, New York (516) Our File 0 NYJE f t I TO: Gorayeb & Associates, P.C. Attorneys for Plaintiff 100 William Street, Suite 1205 New York, New York (212) Your File No.: 9215-LUEA Spindle L&C Corporation Defendant th Avenue Fresh Meadows, New York 11366

9 SUPREME COURT OF T.HE STATE OF NEWYORK COUNTY OF NEW YORK X WILIAN CALVA, X -against- Plaintiff, DEMAND FORAVERIFIED BILL OF PARTICULARS 156 E 62ND STREET LLCAND SPINDLE L&C CORP ORATION, Index No /2015 Defendant _ X COUNSELLOR(S): PLEASE TAKE NOTICE that you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand, setting forth the following: 1. The plaintiffs present residence address. 2. The exact date and approximate time of day of the cccurrence. 3. The approximate location of the happening of the occurrence in sufficient detail so as to permit accurate identification. 4. Aprecise statement of all acts or omissions constituting the negligence claimed. 5. State how it is claimed the accident occurred. 6. Whether actual or constructive notice is claimed. 7. If actual notice is claimed, then set forth following: (a) The names of the employees, agents and/or servants of the defendant to whom it will be alleged said actual notice was given. (b) By whom will it be claimed that said actual notice was given on each (c) occasion aforesaid. The date or dates of each said notice. (d) The place said actual notice was given. 8. If constructive notice is claimed, the length of time said condition is alleged to have existed prior to the happening of the alleged occurrence.

10 9. A statement of the injuries and those claimed to be permanent in nature. 10. Set forth the length of time it is alleged the plaintiff was confined to: (a) (b) (c) Hospital(s), Bed, House. 11. Set forth: (a) Occupation of plaintiff at time of occurrence, (b) Name and address of employer, (c) Average weekly gross earnings; (d) Length of time totally and/or partially disabled, stated separately. 12. Total amounts claimed as special damages for: (a) Physician's services, (b) Medical supplies, (c) Loss of earnings, (d) X-rays, (e) Hospital expenses, Nurses' (f) services, (g) All other special damages. In the event that any of the foregoing elements of damages have been repaid to the plaintiff or otherwise paid for by other sources, identify each type of service recompensed, the source or sources of such recompense, the amount so paid and the net amount of out of pocket expenses sustained by the plaintiff. 13, In the event that any of the foregoing elements of damages listed in paragraph 12 have been paid to the plaintiff by other sources, indicate: (a) the source of compensation, including, but not limited to, private health Workers' insurance, no fault insurance, Workers Compensation insurance, Medicaid, Medicare, or any other source, (b) (c) (d) (e) Whether a lien is being claimed by the payer of services for the amount paid, Whether notification of the lien was made in writing by the payer, The date of the written notification, The amount claimed as a lien by the payer. 14. The date(s) of birth and social security number(s) of the plaintiff. 15. Set forth by Chapter, Article, Section, and Paragraph each and every statute or ordinance, if any, which it is claimed the defendant violated. 16. If the complaint alleges loss of services, set forth the pecuniary loss, if any, alleged in the complaint. Enumerate the damages for: (a) Loss of services,

11 (b) Consortium, (c) Medical expenses, and (d) Other expenses 17. Describe in what respect defendant failed to provide plaintiff with a safe place to work. 18. State for what purpose the plaintiff was on the premises or construction site. 19. State the nature of any alleged slippery substance, describing it in sufficient detail to permit definite identification. 20. State the nature and character of any alleged refuse and debris. 21. Describe any alleged dangerous and defective condition. 22. Describe any alleged obstruction which is claimed to have contributed to the occurrence. 23. Identify the place or point from which any object allegedly fell, state the distance it will be alleged the object fell, where plaintiff was at the time, and what plaintiff was doing when struck. 24. Describe the object which allegedly struck plaintiff as to size, shape, color, identifyingmarks orcharacteristics, contents, if any, and the approximate weight. 25. If it is alleged that the plaintiff was struck by an object that was thrown or dropped, identify the person who allegedly threw or dropped the object, giving name, if known to plaintiff, and sex, color, age and any other identifying description: 26. State how plaintiff identifies the person who as an employee of the defendant. allegedly threw or dropped the object 27. State whether plaintiff will allege that this defendant was a contractor. If yes, state whether the contract alleged was written or oral. If the alleged contract was written, annex a copy; if oral, set forth the substance of same. 28. State whether the plaintiff will allege that this defendant was an owner. 29. State whether the plaintiff will allege that this defendant was an agent. If yes, set forth for whom this defendant was allegedly acting as an agent, and the nature of the agency. 30. Set forth each and every item of construction, excavation or demolition work which the plaintiff will allege was not so constructed, shared, equipped, guarded,

12 arranged, operated and conducted as to provide reasonable and adequate safety, setting forth the manner in which the construction, shoring, equipping, guarding, arranging, operating and/or conducting of the construction, excavating or demolition work is alleged to have caused the plaintiffs alleged injury. 31. Set forth each and every rule made by the board to carry into effect the provisions of Labor Law section 241(6) which the plaintiff will allege was violated by this defendant together with the nature of the alleged violation and the exact manner in which the alleged violation will be said to have caused the accident. 32. State whether the plaintiff will allege that this defendant exercised control over the work being performed at the job site by plaintiffs employer. If yes, state the nature and extent of the control allegedly exercised and the exact manner in which said control was exercised. 33. Identify the place or point from which the object allegedly fell, state the distance it will be alleged the object fell, where plaintiff was at the time and what plaintiff was doing when struck. 34. State from what floor or from what window the alleged object came, 35. Describe the object which allegedly struck plaintiff as to size, shape, color, identifying marks or characteristics, contents, if any, and the approximate weight. 36. Identify any person who allegedly threw or dropped the object, giving name, if known to plaintiff, and sex, color, age and any other identifying description. 37. If it is alleged that the person who threw or dropped the object was an employee of the defendant, state how plaintiff so identifies such person. PLEASE TAKE FURTHER NOTICE, that in the event of plaintiffs failure to comply with the foregoing demand within twenty (20) days, the defendant will move to preclude the offering of any evidence as to the matters herein demanded, together with the costs of such application. Dated: Jericho, New York June 9, 2015

13 Yours, etc., McGAW, ALVENTOSA & ZAJAC Attorneys for Defendant 156 E 62ND STREET LLC By: /., /(.l.~*/ /'. I//Iiéhael J. Ro. eto Two Jericho Plaza, Suite 202 Jericho, New York (516) Our File 0 NYJE TO: Gorayeb & Associates, P.C. Attorneys for Plaintiff 100 William Street, Suite 1205 New York, New York (212) Your File No.: 9215-LL/EA Spindle L&C Corporation Defendant th Avenue Fresh Meadows, New York 11366

14 SUPREME COURT OF THE STATE OFNEWYORK COUNTY OFNEWYORK X X WILIAN CALVA, Plaintiff, COMBINED DEMANDS -against- Index No / E 62ND STREET LLCAND SPINDLE L&C CORPORATION, Defendant. â X COUNSELLOR(S): PLEASE TAKE NOTICE that the undersigned hereby makes the following demands upon you as herein indicated: DEMAND PURSUANT TO CPLR 3017 PLEASE TAKE NOTICE, that pursuant to CPLR 3017(c), the defendant, 156 E 62ND STREET LLC, hereby demands that plaintiff, WILIAN CALVA, serve within fifteen (15) days hereof, a statement setting forth the total damages demanded in this action. DEMAND FOR MEDICAL REPORTS AND AUTHORIZATIONS PLEASE TAKE NOTICE that pursuant tosection 3120 ofthe CPLR, the defendant, 156 E 62ND STREET LLC, demands: 1. That all parties execute, acknowledge and serve upon the undersigned written authorization(s) permitting the undersigned to obtain and make copies of the records of the hospital(s) and physician(s) which treated the parties in regard to said action and anyx-rays relating to suchperson's condition. 2. The names and addresses of all physicians and other health-care providers who treated, examined or consulted with the plaintiff for each condition allegedly caused by or exacerbated by the occurrence in the complaint.

15 3. That pursuant to the applicable rules of the Appellate Division of the Supreme Court concerning the exchange of medical you are required to furnish copies of the narrative medical reports of all physicians and other health-care providers who treated or examined the plaintiff. These medical reports shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying technicians' those x-rays and reports which will be offered at the trial, DEMAND FOR PARTY STATEMENTS PLEASE TAKE NOTICE that pursuant to Sections 3101(e) and 3120 of the CPLR, the defendant, 156 E 62ND STREET LLC, demands that all parties serve upon the undersigned, copies of any statement(s), written or otherwise recorded, of the party represented by the undersigned concerning the issues involved in this action; and that failure to produce said statement(s) will result in the parties being precluded from its use at the trial of this action. DEMAND FOR COLLATERAL SOURCE PLEASE TAKE NOTICE that pursuant to CPLR 4545, the defendant, 156 E 62ND STREET LLC, hereby demands that the plaintiff furnish the undersigned attorney with copies of any and all contracts, policies, agreements, documents or other papers relating to any collateral source pursuant to which the plaintiff is entitled to recover for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, including, but not limited to, insurance, social security benefits, Workers' Compensation or employee benefits, together with the total amount ofeach such benefit paid to date. PLEASE TAKE FURTHER NOTICE that the undersigned demands that duly executed authorizations permitting the undersigned to obtain copies of any records from any such plaintiq' collateral source of payments made to or on behalf of the plaintiff be provided to the undersigned.

16 DEMAND FOR INFORMATION PURSUANT TO THE MEDICARE SECONDARY PAYER STATUTE PLEASE TAKE NOTICE that pursuant to Section 1862(b) of the Social Security Act, the defendant, 156 E 62ND STREET LLC, hereby demands that the plaintiff furnish the undersigned with a copy of the written notification made to the Centers for Medicare & Medicaid Services (CMS) regarding the existence of the instant action, or if notification was made orally or through electronic means, the date that such notification was made, along with a the file number issued by CMS for the instant action. PLEASE TAKE FURTHER NOTICE that the undersigned demands authorizations to obtain the records from CMS for the Medicare records of as well as any file maintained by CMS regarding the instant action. This is a continuing demand up to and including the time of trial, judgment or other resolution of the action. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE that pursuant to Article 31 and CPLR 3101(a), you are hereby required to serve upon the undersigned within twenty (20) days after the receipt of this notice, the following: 1. The names and addresses of all witnesses to the accident whether obtained by investigation or otherwise. 2. The names and addresses of any and all notice witnesses to the alleged defective condition set forth in the plaintiffs Complaint. DEMAND FOR PHOTOGRAPHS PLEASE TAKENOTICE that pursuant to Article 31 and CPLR 3101(a), all parties are hereby required to serve upon the undersigned within twenty (20) days after the receipt of this notice, the following:

17 Copies of any and all photographs which depict the scene of the accident or occurrence or injuries or damage sustained by the plaintiff. DEMAND FOR TRANSCRIPTS PLEASE TAKE NOTICE that pursuant to Article 31 and CPLR 3101(a), all parties are hereby required to serve upon the undersigned within twenty (20) days after the receipt of this notice, the following: Copies of any transcripts of testimony of any party taken in any: 1. hearing, trial or other proceeding regarding the violation of any code, ordinance or statute; 2. hearing pursuant to Section 50-h of the General Municipal Law; 3. trial, action or proceeding arising out of the facts or circumstances giving rise to this litigation. If any of the foregoing occurred, but no transcript is available, so note. DEMAND FOR PHYSICAL EXAMINATION PLEASE TAKE NOTICE that pursuant to Section 3121 of the CPLR, the defendant, 156 E 62ND STRBET LLC, hereby demands that the plaintiff, WILIAN CALVA, be made available for a physical examination at a date, time and place, and before a physician, to be designated, DEMAND FOR PARTIES AND THEIRATTORNEYS PLEASE TAKE NOTICE that pursuant to Section 3121 of the CPLR, all parties are hereby required to serve upon the undersigned within twenty (20) days after the receipt of this notice, the following: The names of the attorney(s) for each party in this litigation.

18 DEMAND FOR COPY OF NOTICE OF CLAIM PLEASE TAKE NOTICE that pursuant to Article 31 and CPLR 3101(a), all parties are hereby required to serve upon the undersigned within twenty (20) days after the receipt of this notice, the following: Copy of any notice of claim served upon any municipality, school district, governmental agency or quasi-governmental agency which notice of claim refers to the facts giving rise to this litigation. DEMAND FOR EXPERT WITNESS INFORMATION PLEASE TAKE NOTICB that pursuant to Section 3101(d) of the Civil Practice Law & Rules, the defendant, ND STREET LLC, hereby demands that you furnish the undersigned attorney for the defendant, 156 E 62ND STREET LLC, within twenty (20) days of the service of this Demand, the following: 1. Identify each person whom you expect to call as an expert witness at trial; 2. Disclose in reasonable detail the subject matter on which each expert is expected to testify; 3. Disclose the substance of the facts on which each expert is expected to testify; 4. Disclose the substance of the opinions on which each expert is expected to testify; 5. Disclose the qualifications of each expert witness; 6. Set forth a summary of the grounds for each expert's opinion. PLEASE TAKE FURTHBR NOTICE that this demand shall be deemed to continue during the pendency of this action, including the trial thereof, and if you fail to comply with this demand, a motion will be made seeking an Order precluding you from introducing the testimony of any undisclosed expert at the trial of this action upon the grounds of your non-compliance.

19 DEMAND FOR ACCIDENT REPORTS PLEASE TAKE FURTHER NOTICB, that pursuant to Section 3101(g) of the CPLR, you are hereby required to serve upon the undersigned, within twenty (20) days after the receipt of this notice, copies of any written report of an accident prepared in the regular course of business operations or practices of any person, firm, corporation or police officer unless disclosure of the police report would interfere with criminal prosecution or investigation. DEMAND FOR INSURANCE INFORMATION PLEASE TAKE NOTICE that demand is hereby made upon you, pursuant to CPLR 3101(f) to produce and permit defendant, 156 E 62ND STREET LLC, or the undersigned attorney for the defendant, 156 E 62ND STREBT LLC, to inspect and copy the contents of: 1. Each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to indemnify any party for part or all of any loss giving rise to this action or to indemnify or reimburse the plaintiff for payments made as a result of said loss. 2. Each and every insurance agreement in which the insurer is the real party in interest in this action. DEMAND rpm. PROOF OF FILING PLEASE TAKE NOTICE, that pursuant to Sections 306-b of the CPLR, the defendant, plainti6' 156 E 62ND STREET LLC, demands that the plaintiff serve upon the undersigned Proof of Filing of the within action. DEMAND FORAUTHORIZATIONS PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are required to serve upon the undersigned, within twenty (20) days after the receipt of this notice, the following'.

20 1. Written authorizations permitting the undersigned to obtain the plaintiffs work records for three (3) years prior to the date of the alleged accident herein and for each and every year since the alleged accident; 2. Written authorizations to obtain the plaintiff's tax returns and all attachments, including Form(s) W-2, schedules, or other forms (IRS Form 4506) for three (3) years prior to the date of the alleged accident herein and for each and every year since the alleged accident; also a photocopy of two forms of identification bearing driver' plaintiffs signature (i.e., copy of Social Security card and driver's license). DO NOT SEND ORIGINALS. 3. Written authorizations to obtain the plaintiffs wage statements for three (3) years prior to the date of the alleged accident herein and for each and every year since the alleged accident; 4. Written authorizations to obtain the plaintiffs school records for three (3) years prior to the date of the alleged accident herein and for each and every year since the alleged accident; PLEASE TAKE FURTHER NOTICE that these demands shall be deemed to be continuing during the pendency of this action, including the trial thereof. Dated: Jericho, New York June 9, 2015 Yours, etc., McGAW, ALVENTOSA & ZAJAC Attorneys for Defendant 156 E 62ND STREET LLC ~l By: I~~~J (~~ Michael J. R6 eto Two Jericho Plaza, Suite 202 Jericho, New York (516) Our File ¹ NYJE 17522

21 TO: Gorayeb & Associates, P.C. Plainti6' Attorneys for Plaintiff 100 William Street,Suite 1205 New York, New York (212) Your File No.: 9215-LUBA Spindle L&C Corporation Defendant th Avenue Fresh Meadows, New York 11366

22 STATE OF NEW YORK ) COUNTY OF NASSAU ) ) SS: Janet L. Frese, being duly sworn, deposes and says: That I am not a party to this action, am over 18 years of age and reside in the State of New York. On June 9, 2015, I served a true copy of the within VERIFIED ANSWER, DEMAND FOR VERIFIED BILL OF PARTICULARS and COMBINED DEMANDS in the following manner. El I by ntailing the same in a sealed ernelope, with postage prepaid themon. in a post ofce or ofcial depository ofthe U.S. service Postal Service within the State of New York, addmssed to the last known address of the addmssce(s) as indicated below toymail I0 by e-filing e jile service to the persons who have consented to electmnic)ìling. TO: Gorayeb & Associates, P.C. 100 William Street, Suite 1205 New York, New York Spindle L&C Corporation th Avenue Fresh Meadows, New York (MAILED) r Janet L. Frese Sworn to 9'" 9 day 0 before me June, this Pubhc I&9 taep" eklee Ro,e(INe gn ubltr S bllq uatr/' o %COO 4fg00 Co0 %clif I the+ 'Ilell +~ss leci olde elf~ hip 'ertrrt 487 6' efv Iq 'onee,'nsoff Sorz +os e607 >'os wire >r cii<c~ oleo '~ap,~~l5 4ya.a~d'. Calnr Cahot ie re I5d I$6 E8 d2art 62mt 9n'ct oner LLC. cc er al at lefcc/aunbrr. tarte' Miniberr I51652/20I5 I$2622I20l$

23 Index No l2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK WILIAN CALVA, Plaintiff; -against- -agautst 156 E 62ND STREET LLC AND SPINDLE L&C CORPORATION, Defendant. VERIFIED ANSWER, DEMAND FOR VERIFIED BILL OF PARTICULARS and COMBINED DEMANDS McGAW, ALVENTOSA & ZAJAC Attorneys for Defendant ND STREBT LLC TWO JERICHO PLAZA, SUITE 202 JERICHO, NY I (S16) To: Gorayeb 8 Associates, P.C. Attorney(s) for tire Plaintl/f WILIAN CALVA Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE Noticoot Gany that the wlthin isa (certified) true copy of an Order entered in the once of the Clerk of the within named Court on. D that an Order of which the within is st true copy will be presented for settlement to the unttee of fron., one of the judges of the within named Court, at on,, at M. Dated: Jericho, New York Date McGAW, ALVENTOSA & ZAJAC AttorneysforDefendant 156 E 62ND STREET LLC TWO JERICHO PLAZA, SUITE 202 JERICHO, NY