FILED: BRONX COUNTY CLERK 12/28/ :19 PM INDEX NO /2015E NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/28/2017

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1 0N' LONDON FISGHER LLP 59 MAIDEN {.ANE I,, t(iili Ew Yonn, New YORK RECElVED MAY 0 130) InviNE Orrace Los Asortes OrrucE 2505 McCAsc WAY, SUITE 100 (212) S. GRAND AVENUE, 6U1Te 2450 IRV3NE, CALIFORNIA Los ANGELEs, CALI FORN(A 9007I FACSINALE: (212) TELEPHONE: (949) 252-O550 TELEPHoNE: (213) FACSIMILE: (949) FACStMILE: (213) April 26, 2017 yia dzeitroff@mdme-law.com & Regular US Mail David Zeitzoff, Esq. McElroy Deutsch, Mulvaney & Carpenter, LLP 225 Liberty Street, 36th FlOOr New York, New York Re: Gleason v. Port Authority of New York and New Jersey, et al. Index No.: 24379/l5E Our File No Dear Mr. Zeitzoff: Enclosed please find Defendants/Third-Party Plaintiffs' Response to Third-Party Defendant ProBuild Company LLC's Notice for Discovery 4 Inspection dated August 1, Hard copies of same are being mailed via Regular US Mail as well. Thank you for your patience in this regard. Very truly yours, LONDON FISCHER LLP Enc. / / t 4 ":,;)~s)isii. ~At. Williams cc: Via dfanningafanningfiore.com Regular US Mail Alexys M. Carter, Esq. Law Office of Douglas J. Fanning Attorneys for Plaintiff 401 Franklin Avenue, Suite 208 Garden City, NY ]%i (Ni $.74!) I 1)437I ' I

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X JAYSON GLEASON, Index No: 24379/15E -against- Plaintiff, DEFENDANTS/ THIRD-PARTY PLAINTIFFS' THE PORT AUTHORITY OF NEW YORK & NEW PROBUILD JERSEY, SILVERSTEIN PROPERTIES, INC., a/k/a COMPANY LLC'S RESPONSE SILVERSTEIN PROPERTIES, TISHMAN NOTICE FOR DISCOVERY CONSTRUCTION CORPORATION, TISHMAN & INSPECTION DATED CONSTRUCTION CORPORATION OF NEW YORK, AUGUST 1, 2016 TO and 4 WORLD TRADE CENTER, LLC, Defendants XX THE PORT AUTHORITY OF NEW YORK & NEW JERSEY, SILVERSTEIN PROPERTIES, INC., a/k/a SILVERSTEIN PROPERTIES and 4 WORLD TRADE CENTER, LLC, 1' ' Defendants/Third Party Plaintiffs, -against- PROBUILD COMPANY LLC, Third Party Defendant X COUNSEL: PLEASE TAKE NOTICE that Defendants/Third-Party Plaintiffs, THE PORT AUTHORITY OF NEW YORK & NEW JERSEY, SILVERSTEIN PROPERTIES, INC., a/k/a SILVERSTEIN PROPERTIES and 4 WORLD TRADE CENTER, LLC (the "PANY Defendants" Defendants"), by their attorneys, LONDON FISCHER LLP, as and for their response to the Notice for Discovery & Inspection, dated August 1, 2016, served by third-party defendant PROBUlLD (M (I" j.

3 COMPANY LLC ("Probuild") set forth as follows upon information and belief: 1) STATEMENTS litigation. Subject to and without waiving the above objections, The PANY Defendants refer to the written statements of Eduardo Trapanco, Jeffrey Alejo and Edward King annexed hereto as Exhibit "A" and previously exchanged in this litigation. The PANY Defendants further refer to the Workers Compensation C-3 Employee Claim Form, dated September 9, 2014 and annexed hereto as Exhibit "B", which includes statements allegedly made by Plaintiff. 2) WITNESSES palpably improper and calling for privileged information obtained in anticipation of litigation. Subject to and without waiving the above objections, the following individuals were believed to be present at the time of the occurrence and may have information relating to same: Chris Guarasio / Donaldson Interiors, Inc., 150 Wireless Boulevard, Hauppauge, New York I1788; last known home address 4 Katherine Place, Bellmore, New York Nicholas J. Ferrara / Donaldson Interiors, Inc., 150 Wireless Boulevard, Hauppauge, New York Keven M. Sarpong / Donaldson Interiors, Inc., 150 Wireless Boulevard, Hauppauge, New York Matthew C. Leibe / Donaldson Interiors, Inc., 150 Wireless Boulevard, Hauppauge, New York Dennis Jackson / Donaldson Interiors, Inc., 150 Wireless Boulevard, Hauppauge, New York (NlOGGGll 2

4 Eduardo Trapanco/ Donaldson Interiors, Inc., 150 Wireless Boulevard, Hauppauge, New York Jeffrey Alejo / Donaldson Interiors, Inc., 150 Wireless Boulevard, Hauppauge, New York Edward King / Donaldson Interiors, Inc., 150 Wireless Boulevard, Hauppauge, New York Darren Valinotti / Sirina Fire Protection, 151 Herricks Road, Garden City Park, New York 11040; last known home address: 432 Walnut Street, Port Mameck, New Jersey Chris Dunne / ADCO Electric / 375 Pearl St, New York; last known home address: 543 Mount Area Road, New Windsor, New York Joseph Mioscia / Paramount Consultants, 263 Picadilly Downs, Lynbrook, New York Security Officer Soloman Barnes / Universal Protection Service, 199 Water Street, Suite 3010, New York, NY Sgt. Harris, Port Authority Police Officer Michael Saidis / Structure Tone, Inc. 3) WITNESS UNAVAILABILITY and Defendants are not currently aware of the delineated witnesses' present availability. 4) PHOTOS/VIDEOS The PANY Defendants object to this demands as overly broad, unduly burdensome, and litigation. Subject to and without waiving the above objections, the PANY Defendants are not in possession or control of photographs depicted the requested condition(s) prior to the alleged incident. The PANY Defendants annex hereto Universal Protection Services surveillance video in compact disc format as Exhibit "C". (WiOS6exx.z j 3

5 5) DOCUMENTS USED TO CALCULATE DAMAGES The PANY Defendants object to this demands as overly broad, unduly burdensome and calling for attorney work product, subject to and without waiving the above objections, the PANY Defendants will rely on all documents exchanged in the course of discovery to recover the full amount of any recovery claimed by Plaintiff as against The PANY Defendants or for that proportion thereof caused by the Probuild. 6) NAME/ADRESS OF INSURERS and palpably improper. 7) PLAINTIFF'S PREVIOUS WORKERS COMPENSATION CLAIMS and palpably improper as said demand is more property directly at Plaintiff. Subject to and without waiving the above objections, the PANY Defendants are not in possession or control of the requested documents. 8) PLAINTIFF'S PRIOR LAWSUITS and palpably improper as said demand is more property directly at Plaintiff. Subject to and without waiving the above objections, the PANY Defendants are not in possession or control of the requested documents. 9) PLAINTIFF'S PREVIOUS SSI/DISABILITY and palpably improper as said demand is more property directly at Plaintiff. Subject to and (N )

6 without waiving the above objections, the PANY Defendants are not in possession or control of the requested documents. 10) EXPERTS The PANY Defendants have not retained any experts in this matter to date. Should the PANY Defendants retain an expert witness, a proper exchange shall be made pursuant to the CPLR. 11) PARTIES WHO HAVE APPEARED IN THIS ACTION The remaining parties who have appeared are in this action are as follows: LAW OFFICE OF DOUGLAS J. FANNING Attorneys for Plaintiff JAYSON GLEASON 401 Franklin Avenue, Suite 208 Garden City, NY (516) LONDON FISCHER LLP Attorneys for Defendants/Third-Party Plaintt)fs THE PORT AUTHORITY OF NEW YORK NEW JERSEY, SILVERSTEIN PROPERTIES, INC., a/k/a SILVERSTEIN PROPERTIES, 4 WORLD TRADE CENTER, LLC and STRUCTURE TONE, INC. 59 Maiden Lane New York, New York (212) John P. Cookson, Esq. David Zeitzoff, Esq. MCELROY DEUTSCH, MULVANEY & CARPENTER, LLP Attorneys for Third-Party Defendant PROBUILD COMPANY LLC Wall Street Plaza 88 Pine Street - 24th FlOOr New York, NY (212) ) DOCUMENTS PARTY WILL RELY UPON AT TRIAL (¹

7 litigation. Subject to and without waiving the above objections, the PANY Defendants will rely on all documents exchanged in the course of this litigation at the time of trial. 13) TRANSCRIPTS Defendants are not in possession or control of the requested documents. 14)REPORTS REGARDING THE ACCIDENT The PANY Defendants attach hereto a copy of Structure Tone, Inc. Incident/Accident Report dated September 5, 2014 as Exhibit "D"; copy of Paramount Consultants Accident/Investigation Report, dated September 6, 2014, as Exhibit "E"; copy of Universal Protection Services Incident Report, dated September 6, 2014, as Exhibit "F"; copy of the Workers Compensation C-3 Employee Claim Form, dated September 9, 2014, as Exhibit "B"; and copy of Workers Compensation Board First Report of Injury, dated September 24, 20I4, as Exhibit "G"; and Donaldson Accident Investigation Summary, dated September 8, 2014, as Exhibit "H". 15) PLEADING/DEMANDS/RESPONSES Annexed hereto as Exhibit "I" are copies of the initial discovery demands served on behalf of Plaintiff and the PANY Defendants, responses to which remain outstanding. l 6) MEDICAL REPORTS litigation. Subject to and without waiving the above objections, annexed hereto as Exhibit (K ,\ } 6

8 "J" are copies of the medical records exchanged by Plaintiff prior to Probuild's impleader. 17) CONTRACTS BETWEEN THE PARTIES palpably improper. Subject to and notwithstanding the above objections, the PANY Defendants are conducting a search for the requested documents and will serve a supplemental responses accordingly. 18) DOCUMENTS IDENTIFYING THE GENERAL CONTRACTOR palpably improper. Subject to and notwithstanding the above objections, the PANY Defendants are conducting a search for the requested documents and will serve a supplemental response accordingly. 19) DOCUMENTS IDENTIFYING TRADE CONTRACTORS palpably improper. Subject to and notwithstanding the above objections, the PANY Defendants are conducting a search for the requested documents and will serve a supplemental response accordingly. 20) DOCUMENTS IDENTYFING RESPONDING EMERGENCY PERSONNEL litigation. Subject to and without waiving the above objections, other than the various accident/incident reports exchanged herewith, the PANY Defendants are not in possession or control of the requested documents. /Ni066641,1 ) 7

9 21) PHOTOS OF THE BUILDING SUPPLIES litigation. Subject to and without waiving the above objections, annexed hereto as Exhibit "K" are photos of the Probuild truck and building materials allegedly involved in this incident. 22) COLOR PHOTOS RESPONSIVE TO NO. 21 The PANY Defendants refer to their response to Demand No ) PLAINTIFF'S EMPLOYMENT FILE litigation. Subject to and without waiving the above objections, the PANY Defendants are not in possession or control of the requested documents. 24) GOVERNMENT INVESTIGATION/INCIDENT REPORTS Defendants are not in possession or control of the requested documents. 25) OSHA REPORTS/DOCUMENTS The PANY Defendants objecttothis demand as overly broad, unduly burdensome and Defendants are not in possession or control of the requested documents. 26)INVOICES, PURCHASE ORDERS, RECEIPTS ETC. REGARDING WORK BEING PERFORMED and (t'

10 palpably improper as well as calling for documents which are readily and/or equally available to Probuild as it is to the PANY Defendants and/or which are already in Probuild's possession, custody or control. Subject to and without waiving the above objections, annexed hereto are copies of the August 29, 2014 Probuild Sales Order Acknowledgement pursuant to which, upon information and belief, the subject delivery of materials on the date of the alleged incident was made. 27) DOCUMENTS REGARDING BREACH OF CONTRACT and palpably improper as well as calling for documents which are readily and/or equally available to Probuild as it is to the PANY Defendants and/or which are already in Probuild's possession, custody or control. Subject to and notwithstanding the above objections, the PANY Defendants continue their investigation of this matter and will amend this response as appropriate upon completing their discovery. 28) RELEASES/SETTLEMENT AGREEMENTS Defendants are not in possession or control of the requested documents. 29) DOCUMENTS RELATED TO PLAINTIFF'S VERIFIED BILL OF PARTICULARS This demand is expressly inapplicable to the PANY Defendants. 30) COPIES OF INCIDENT/INVESTIGATION REPORTS (N j 9

11 litigation. Subject to and without waiving the above objections, the PANY Defendants refer to their response to Demand No ) DOCUMENTS RELATED TO ALL SUPPLIERS OF BUILDING PRODUCTS Defendants refer to their response to Demand No ) 308 SITE RULES REGARDING DELIVERY AND BUILDING PRODUCTS Defendants are conducting a search for the requested documents and will serve a supplemental response accordingly. 33) INSPECTION REPORTS OR OTHER DOCUMENTS REGARDING fnspection/testing OF PREMISES palpably improper. 34) INSTRUCTIQNS/WARNINGS REGARDING PLAINTIFF'S WORK AREA palpably improper. 35) RECORDS FOR DELIVERY OF DRYWALL, GYPSUM OR OTHER PRODUCTES ALLEGED INVOLVED IN INCIDENT Defendants refer to their response to Demand No. 26. (!! ! ) 10

12 36)NEWSPAPER/INTERNET ARTICLES AND TELEVISION REPORTS RELATED TO THE ALLEGED INCIDENT palpably improper as the requested documents are matters of public information as readily available to Probuild as it is to the PANY Defendants. Defendants hereby reserve their rights to amend and/or supplement this response to from time to time in the future up to and including the time of trial should additional documents and/or information come to light. Dated: New York, New York April 26, 2017 O SCH LP By:.. z M. Wilhams t rneys for Defendants/Third-Party Plaintiffs THE PORT AUTHORITY OF NEW YORK & NEW JERSEY, SILVERSTEIN PROPF.RTIES, INC., a/k/a SILVERSTEIN PROPERTIES and 4 WORLD TRADE CENTER, LLC 59 Maiden Lane New York, New York (212) TO: LAW OFFICE OF DOUGLAS J. FANNING Attorneys for Plaintiff JAYSON GLEASON 401 Franklin Avenue, Suite 208 Garden City, NY ( A106ijtj 1!.l. 11

13 John P. Cookson, Esq. David Zeitzoff, Esq. MCELROY DEUTSCH, MULVANEY & CARPENTER, LLP Attorneys for Third-Party Defendant PROBUILD COMPANY LLC 36th 225 Liberty Street, Floor New York, New York ( (N ) 12