As the record reflects, in the early morning hours of April 10, 2016, Colon — then a sophomore at Syracuse University — attempted to enter a party at the Phi Kappa Psi fraternity house, but was turned awayatthe door.

07/14/2020 After reviewing stills from the security camera footage collected by Public Safety, Phi KappaPsi fraternity President Wyatt Bourdeau immediately identified Watson as Colon’s assailant.

Specifically, in a sworn statement, Bourdeau confirmed that “I was showna picture of the possible suspect [from the security camera footage] and I was able to identify the person involved as Hunter Watson.” Watson was then arrested for the assault, and suspended from Syracuse University.

The Estate has failed to meet this burden.In particular, despite the Estate’s contentions, the admissible evidence submitted in support of Colon’s motion is overwhelming, and far beyondthat required to establish a primafacie entitlement to judgment as a matter of law.

ORDEREDthat Plaintiff Brandon Colon’s motion pursuant to CPLR 3212 for partial summary judgment on the issue of liability on his first causes of action for battery against Defendant Estate of Hunter Watson, without justification or defense, is hereby GRANTEDin all respects; andit is further ORDEREDthat pendingall Administrative Orders relating to the continuing public health emergency, a jury trial limited exclusively to the amount of damages that shall be awarded and payable to Plaintiff Brandon Colon separately from Defendants the Estate of Hunter Watson and Alexander Alpert is hereby set for Tuesday, September 8, 2020, beginning at 9:30 AM, to be held in the Onondaga County Courthouse.

the State of the Supreme At Court New York, the for held in and on the ____ of Onondaga County of , 2020. day of Index No.:

Goodstadt dated February 26, 2020, the exhibits annexed thereto, and upon all prior pleadings and proceedings heretofore had herein,

Pursuant to CPLR § 308 (5) Granting Defendant Estate of Hunter Brooks Watson authority to serve the to be So-Ordered non-party witness subpoena upon non-party Berman overnight mail as well via electronic mail witness Eric via as electronically and text message;

Extending the time for the non-party depositions of Eric Berman and Evan Maizlish to be completed for 60 days; and

that that service of a copy of this Order by regular mail, together with the papers in support hereof, on counsel for plaintiff Brandon Colon on or before the ___ day of , 2020, be deemed good and sufficient service.

Courthouse Onondaga County 401 Montgomery Street New York 13202 Syracuse, Re: Brandon Index No.: Amended v. Estate Colon

of Hunter Brooks Watson, deceased, et al Scheduling Order Dates Dear Judge DelConte: and It was I greatly please Again, was necessary motion (E-File below find amended convenience.

telephone the over your you law and and me to discuss with my took you opposing whether confusion for my apologies my regarding of Hunter Brooks Estate of Defendant return date As agreed upon physical absence.

dates for Should amended scheduling Order" please "So this be acceptable as clerk, Doug, counsel drafted, yesterday, the case.

2, in Street, insurance appear and This letter is submitted upon the review and consent of Counsel for Defendant Estate.

for Leave to Amend its Verified Answer pursuant to CPLR § 3025(b) with the addition of affirmative defense of General Obligations Law §15-108; and

upon reading and consideration of the moving papers of the Estate including Notice of Motion, Memorandum of Law and proposed Amended Answer; the Affirmation the in Opposition of the Plaintiff; and the Reply Affirmation of the Defendant Estate, it is hereby,

The proposed Amended Verified Answer the Defendant's papers as Exhibit

document is attached to moving # 438) hereby deemed to be the operative Answer for the Defendant Estate in accordance with

Furthermore, the Court grants the Defendant Estate's request to strike paragraphs 47, 53, 76, 86 and 98 of Plaintiff's First Amended Verified Complaint pursuant to CPLR § 3211(a)(7) and New York Estates Powers and Trusts Law §11-3.2(a)(1).

Plaintiff, Brandon Colon, by and through his attorneys, Cooper Erving Savage LLP, moved this Court for an order

granting Plaintiff's Motion for Default Judgment against DoEn±nt Alexander Alpert for the fourth cause of action of having pursuant to CPLR §3215(a) PlaintifPs First Amended Complaint, for Defcadant Alexander Alpert's failure to timely answer or otherwise appear in this case; and (2) deferring a determindien of damages by hearing against Defendant Alexander Alpert until the remaining Causes of Action against the remaining defendants have been decided;

French, Esq. (with exhibits included thcrcwith, including the First Amendad Sum=0s and First Amended Complaint, the Añidavit of Service of Defendant Alexander Alpert, the So-Ordered Letter of the Court, so-ordered on April 30, 2018, the Good-Faith Letter to Defendent Alexander Alpert, dated June 26, 2018, and proof of and the Good-Faith letter Alexander service, to Defeñdãñt Alpert's parents and Defendant Alexander Alpert's previous residence, dated August 20, 2018, and proof of service), dated May 9, 2019;

upon reading and consideration of proof of service of the moving papers of Plaintiff, upon Defendant Alexander Alpert, by Shayna C. Ross, on May 9, 2019, sworn to on May 9, 2019, and proof of service of notice to the parties regarding the return date châñge of Plaintiff's Motion for Default Judgment, upon Defendant Alexander Alpert, by Shayna C. Ross, on June 25, 2019, sworn to on June 25, 2019, having been filed with the Clerk; ON July 25, 2019, this matter came on for hearing.

Having considered the above refcrcñced papers, and lack of opposition or appeãrâñce by Defendant Alexander Alpert, it is hereby,

through #9", fictitious unknown to Plaintiff, and the persons the occupants, tenants, being in the premises an interest described official in his

Plaintiff, Brandon Colon, by and through his attorneys, Cooper Erving Savage LLP, having moved this Court for an order

granting Plaintiff's Motion for Default Judgmcñt Alpert for the fourth cause of action of pursuant to CPLR §3215(a) agaiñst Defendant Alexander Plaintiff's First Amended Complaint, for Defendant Alexander Alpert's failure to timely answer or otherwise appear in this case; and

upon reading and consideration of proof of service of the moving papers of Plaintiff, upon Defendant Alexander Alpert, by Shayna C. Ross, on May 9, 2019, sworn to on of date May 9, 2019, and proof service of notice to the parties regarding the return change of Plaintiff's Motion for Default Judgment, upon Defendant Alexander Alpert, by Shayna C. Ross, on June 25, 2019, sworn to on June 25, 2019, having been filed with the Clerk; ON July 25, 2019, 4 Savage LLP this matter came on for hearing.

Having considered the above referenced papers, and lack of opposition or appearance by Defendant Alexander Alpert, it is hereby,

that upon the attorney affirmation of Brett D. French, Esq., dated November 16, 2020, and the exhibits attached thereto, Plaintiff,

by and through his attorneys, Cooper Erving & Savage LLP, will move before the Supreme Court of New the State of New York, County of Onondaga, located at 401 Montgomery Street, Syracuse, York 13202, at 10:00AM on the 11d' day of January, 2021, for an Order in Limine, based on the unfairly prejudicial and irrelevant nature of the production at trial: Precluding Defendant

deceased, from offering Jerry Watson, administrator of the Estate of Hunter Brooks Watson, deceased, or any other witness, at the trial on damages in this matter to testify to any matters not directly relevant

to the damages suffered by Plaintiff, including but not limited to any claimed justification or reasoning for the intentional tort committed by Hunter Watson against Brandon Colon, or the circumstances of Hunter Watson's physical absence from the case and his unrelated death.

Pursuant to stipulation between the parties, answering papers, if any, shall be electronically filed and served on or before December 16, 2020, and reply papers, if any, shall be electronically filed and served on or before January 8, 2020.

ESTATE OF VINCENT MAUGERI, deceased, and "JOHN DOE #1" through "JOHN DOE #9, the last nine names being fictitious and unknown to Plaintitl the persons or parties intended being the tenants, occupants, persons or corporations, if any, having an interest in the premises described in the complaint, Del'endants.

Plaintiff, Brandon Colon, by and through his attorncys, Cooper Erving & Savagc, LLC, having movcd this Court for an order granting Plaintiffs Motion to Amend the First Amended Verified Complaint and allowing Plaintiffto file and serve the Proposed Second Amended Verified Complaint; NOW, upon reading and consideration of the moving papers of Plaintiff, including the Notice of Motion, Memorandum of Law in Support of Plaintifls Motion to Amend, and the attorney Affirmation of Brett D. French, Esq. (with exhibits included, including the Proposed Second Amended Verificd Complaint), dated March 2l , 2019; NOW, upon fuilher reading the opposition papers of Defendant Phi Kappa Psi Fratemity, Inc., including the Memorandum of Law in Opposition to Plaintiff s Motion to Amcnd and the affirmation of attomey Thomas B. Bleich, Esq. (with exhibits included) dated April I l,20191 NOW, upon further reading and consideration of Plaintiff s Reply Memorandum of Law in Further Support of Plaintifls Second Motion to Amend and the attorney Reply Affirmation of Brett D. French, Esq. (with exhibits included) dated April 17 ,20191 ON April 18, 2019, this matter came on for hearing.

Brctt D. French, Esq. of Cooper Erving & Savage LLP on behalf of Plaintiff Brandon Colon, and Thomas B. Bleich, Esq. of Cokinos I Young and Michael P. Ringwood, Esq. of Smith Sovik Kendrick & Sugnet, P.C. on behalfof Defendant Phi Kappa Psi Fratemity, Inc., appeared before this Court.

Having considered the above-referenced papers submitted in favor of and opposition to Plaintiffs motion, along with the oral arguments made by the parties herein.

ORDERED that Plaintiffs Motion to Amend the First Amended Verificd Complaint, datcd March 21, 2019, which sought permission for Plaintiffto file and serve the proposed Second Amcndcd Vcrified Complaint is denied in its entirety.

WYATT BOURDEAU, individually, and in his official capacity as President of PHI KAPPA PSI

ESTATE OF VINCENT MAUGERI, deceased, and "JOHN DOE #1" through "JOHN DOE #9, the last nine names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having an interest in the premises described in the complaint,

NOW, upon further reading the opposition papers of Defendant Phi Kappa Psi Fraternity, Inc., including the Memorandum of Law in Opposition to Plaintiff’s Motion to Amend and the affirmation of attorney Thomas B. Bleich, Esq. (with exhibits included) dated April 11, 2019;

Brett D. French, Esq. of Cooper Erving & Savage LLP on behalf of Plaintiff Brandon Colon, and Thomas B. Bleich, Esq. of Cokinos | Young and Michael P. Ringwood, Esq. of Smith Sovik Kendrick & Sugnet, P.C. on behalf of Defendant Phi Kappa Psi Fraternity, Inc., appeared before this Court.

Having considered the above-referenced papers submitted in favor of and opposition to Plaintiff’s motion, along with the oral arguments made by the parties herein, it is hereby, ORDERED that Plaintiff’s Motion to Amend the First Amended Verified Complaint, dated March 21, 2019, which sought permission for Plaintiff to file and serve the proposed Second Amended Verified Complaint is denied in its entirety.

Scott Courthouse Onondaga County 401 Montgomery Street, New York 13202 Syracuse, Esq. c/o: Doug McRae, Re: Brãñdüñ Index v. Estate Colon

No.: of Hunter Brooks Watson, deceased, et al Dear Judge: of In anticipation (E-File 2021 10, February open the Court's that agreed 6 and 7 are open on May place We look this matter.

forward with tomorrow's the Court, the counsel for No.: Doc. 540), of May of the week dates trial available for and and counsel, to discussing the matter further conference per and parties Notice and the Court's have conferred with selection jury to pursue dates tomorrow.

2021, 10, are desirable with the Court Regards, Cooper Erving & Savage LLP Brett D, French, Esq.

Patrick Sardino, Esq. (Via NYSCEF E-File) dated have taking trial in 288994

I submit this Response Attorney Affirmation in opposition to Defendant Estate of Hunter Brooks Watson, deceased's Motion in Limine, and the exhibits referenced herein and

filed herewith, seeking to preclude from introducing into evidence and/or displaying to the jury and/or making reference thereto during the trial of this action on damages the Syracuse University

Should the credibility of Plaintiff's testimony about the attack be at all questioned with regard to what he experienced, as to the emotional and physical pain he underwent, or the causation for his injuries, the video evidence at issue would become even more relevant and probative.

Video Surveillance, there is little else that could be more probative and more relevant in a personal injury action and a trial on damages than video evidence that clearly depicts the entire attack, from the moments of Brandon being assaulted by surprise and from behind by Hunter to each and blow inflicted on Brandon the final Watson, every by Hunter Watson, including blow that clearly causes Mr. Colon to lose consciousness.

Video Surveillance, and the various mechañisilis will be relied on and referenced by Plaintiff's expert witnesses to describe the causes and impacts of Mr. Colon's physical and emotional injuries that he suffered as a result of the attack.

It is anticipated that should he be called, Dr. Suryadevãra may testify regarding the facial injuries suffered by Plaintiff as a result of the assault on Mr. Colon by Mr. Watson on April 10, 2016, and the subsequent performed surgery by Dr, Suryadevara.

27, It is anticipated that should she be called, Dr. Bashkoff may testify that Plaintiff continues to take psychotropic medicine to manage the results of the traumatic injury including amitriptyline, trazodone, BuSpar, surestriptan, and prazosin.

It is anticipated that should she be called, Dr. Bashkoff may testify that Mr. Colon certain short- has :rúffered lasting symptoms of mood lability, difficulty retrieving events, and term memory disturbance.

:22 of aging with regards the effects and chinchilla, in the cat, gerbil, for Researchfrom 1996to Sensory to AC and Khan the relationship Suryadevara and eshogen S. Examined between receptor progesterone status breast with in women proven malignant disea.se versus benign those with lesions.

coverage residency FL - Combined Triologic February Meeting an akernative float: Day Poster presentation: 2007. to AC, Zandifar Suryadevara tumor: a case report.

> Colon was completely unable to defend himself: The unknown male retreated to 500 University Place fratemity I was able to obtain a still photo of Phi Kappa Psi and entered the house through a code access door.

Please reibr to the statement provided by Colon pertaining I was able to make contact with Watson at his apament a.lawyer present speak without Criminal charges and conduct referral pending.

Notificanicr4 Beauford, made to the DPS Shift Supervisor Hill and ORL Senior Staff on Call Kareas Gillespie and Oc==±r For Aegis Sununary refer to 16-18216, This case will be turned over fo byestigations for further review, panfrN Jeramie Cheney K$ WBNKrUNE 56$4 ‰t:*rndcally Signed BUPEm¤RNME(MUNQ Jarnes McLellan

He was treated for a concussion, future and a centusion to his forehead that was quite swollen, Colon stated that be could not attend class on this date release form the past two days he's having time sleeping.

Colon Individual Brandon On Tuesday, April 12, 2016 at 1130 hours, while assigned to the DPS Iñvcadgaticr4 Unit, the Body Wam Cameras 24, 29, and 28 which were used to record this incident.

Defendant ESTATE OF HUNTER BROOKS WATSON (the “Estate”) submits this memorandum of law in support of its motion to preclude Plaintiff from introducing into evidence the alleged Syracuse University Department of Public Safety (“DPS”) surveillance videos based on the grounds that the videos are speculative, improper character evidence, unfairly prejudicial and irrelevant to the issues in this damages only trial; and for such other and further relief as this Honorable Court may deem just and proper.

“The function of a motion in limine is to permit a party to obtain a preliminary order before or during the trial excluding the introduction of anticipated inadmissible, immaterial, or prejudicial evidence of limits its use.

must decide in the exercise of a sound discretion based upon the nature of the proffered proof and the context in which it is offered, whether the value of the evidence outweighs its potential for prejudice.” Harvey v. Mazal American Partners, 79 N.Y.2d 218 (1992).

Based on all of the foregoing, even if the Court were to conclude that the videos’ probative value outweighs the prejudice to the Estate, the videos should still be excluded from trial as they were never properly authenticated and are too dark, blurry, pixelated and inconclusive of the issues to be admitted.

Based on all of the foregoing, the Estate respectfully requests that this Honorable Court issue an order precluding Plaintiff from introducing into evidence and/or displaying to the jury and/or making reference thereto during the trial of this action to the alleged “surveillance videos” of that portion of the events allegedly depicted therein based on the grounds that the videos are speculative, improper character evidence, unfairly prejudicial and irrelevant to the issues in this damages only trial; and granting such other and further relief as this Honorable Court may deem just and proper.

French, Esq., dated March 6, 2020, the exhibits attached thereto, the affidavit of Brandon Colon, dated March 6, and Plaintiff's Memorandum of Law in Support of for 2020, Plaintiff's Motion Summary Judgment, Plaintiff,

by and through his attorneys, Cooper Erving Savage LLP, will move before the Supreme Court of the State of New York, County & of Onondaga, located at 401 Montgomery Street, Syracuse, New York 13202, at

on the 31" day of March, 2020, for an Order pursuant to Civil Practice Law and Rules

Granting Plaintiff Brandon Colon partial summary judgment against Defendant Estate of Hunter Brooks Watson, deceased, on Plaintiff s First Cause of Action, for Hunter Brooks Watson's intentional and purposeful battery of Brandon Colon on April 10, 2016, without justification or defense, with regard to the issue of liability, and reserving

determination on damages for trial, and for such other and further relief as the Court deems just and right.