FILED: BRONX COUNTY CLERK 09/12/ :53 PM INDEX NO /2012E NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 09/12/2014

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1 FILED: BRONX COUNTY CLERK 09/12/ :53 PM INDEX NO /2012E NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 09/12/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ENRIQUE GONZALEZ, -against- Plaintiff, SABEY CONSTRUCTION, INC. AND SABEY DATA CENTER PROPERTIES, LLC, INTERGATE MANHATTAN LLC, SABEY IGM CONSTRUCTION LLC, W5 GROUP LLC, IDEAL INTERIORS GROUP LLC, SELECT SAFETY CONSULTING SERVICES, INC. AND ADCO ELECTRICAL CORP. INDEX NO.: 22854/12E RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION AND COMBINED DEMANDS OF PLAINTIFF Defendant. Defendants, by their attorneys, CRISCI, WEISER & MC CARTHY as and for their response to the plaintiff s Notice for Discovery and Inspection and Combined Demands of Plaintiff allege as follows: 1. Insurance: NAME OF INSURED: Sabey Construction Inc. CARRIER: Hanover Insurance Company P.O. Box 1548 Worcester, MA POLICY NUMBER: ZBY EFFECTIVE DATE: 1/28/12 1/28/13 POLICY LIMIT: $1,000,000 EXCESS CARRIER: Merchants Mutual Insurance POLICY NUMBER: CUP POLICY LIMIT: $5,000, Performance and Payment Bonds: Not Applicable

2 3. Contracts between owner and other defendants.: Attached is copy of subcontract agreement between Sabey IGM Construction, and ADCO Electrical, Select Safety, Waldorf & Ideal Intergate. Exhibit A. 4. Contracts for labor and/or services: See Exhibit A. 5. Contracts for work between defendant and non-party for construction work: See Response to #3. 6. Contracts - obligation to indemnify: See Response #3. 7. Attached is a copy of the accident reports. See Exhibit B. 8. The defendants are not in possession of any other accident reports. 9. Name of non-party hired to do inspection for safety: Select Safety Consulting Serivces, Inc. 10. Names of entities who may have caused or contributed to accident: Plaintiff, codefendants not represented by this answering defendant and third party defendants (other than the insurance carriers). 11. Names of employees: Marc Price General Superintendent. 12. Names of all contractors and subcontractors working on the premises: This demand is overbroad and burdensome reference is made to the legal caption. 13. Permits: See attached NYC Building Work Permit. Exhibit C. 14. Witnesses: The answering defendant is not aware of any witnesses other than what may be contained in the annexed accident report, Exhibit B. 15. Statements: The answering defendant is not in possession of any opposing party statements. 16. Photographs: None other than what be contained in the annexed accident report, annexed as Exhibit B. 17. See N.Y.S.E.C.F.

3 C-D Plaintiff has been served by other parties. E. See Caption 18. Violations: None. 19. Documents: 1. Accident Reports: See Exhibit B. 2. None. 3. Shop Stewards report: None. 4. Consulting engineer s reports: None. 5. Site safety inspector s report: See B. 6. None. 7. Investigating Administrative agencies: The answering defendant is not aware of any. 8. Police and Fire Departments: Not applicable 9. Scene Photos taken by investigators: None. 10. Statements given to compensation carrier: None 11. Witness information: The answer defendant is not aware of any witnesses. 12. Surveillance of plaintiff: The answering defendant is not in possession of this information. 13. Photographs taken at site: None. 14. Safety Site Plan: Site Safety Plan See attached Exhibit D. 15. Site Safety Manual: Site Safety Plan Exhibit D. 16. Job reports prepared by GAC: See E. 17. Daily job logs: See E. 18. Progress reports: See E.

4 19. Diaries of supers: None 20. Job meeting minutes: None 21. Safety meeting minutes: None 22. Tool Box meeting minutes: None 23. Timekeepers records: None 24. Rental agreements for equipment: None 25. Medical records for treatment by personnel hired by defendants: This demand is vague, overbroad and burdensome 26. OSHA citations: None Dated: New York, New York September 12, Written complaints: None 28. Job project file: See A, B C & D & E. 29. Names of GC s etc at the subject site: Sabey IGM Construction LLC Yours, etc. /s DAVID WEISER CRISCI, WEISER & MC CARTHY by: David Weiser Attorneys for Defendants 17 State Street 8 th Floor New York, New York Tel. No File No

5 . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ENRIQUE GONZALEZ, INDEX NO.: 22854/12E -against- Plaintiff, RESPONSE TO DEMAND FOR EXPERTS DISCLOSURE SABEY CONSTRUCTION, INC. AND SABEY DATA CENTER PROPERTIES, LLC, INTERGATE MANHATTAN LLC, SABEY IGM CONSTRUCTION LLC, W5 GROUP LLC, IDEAL INTERIORS GROUP LLC, SELECT SAFETY CONSULTING SERVICES, INC. AND ADCO ELECTRICAL CORP. Defendant. Defendants, by their attorneys, CRISCI, WEISER & MC CARTHY as and for their response to the plaintiff s Demand for Experts dated April 15, 2013 allege as follows: 1. Defendant has not retained any experts but reserves the right to do so. This demand will be complied with upon retention Dated: New York, New York September 8, 2014 Yours, etc. _/S DAVID WEISER CRISCI, WEISER & MC CARTHY by: David Weiser Attorneys for Defendants 17 State Street 8 th Floor New York, New York Tel. No File No